Slashdot Mirror


US Senators Concerned With Surveillance Bill "Loophole"

zer0point writes "The law lets U.S. agencies monitor the communications of foreigners outside the U.S. But two senators are questioning whether a loophole allows the storage and search of messages from Americans that are picked up inadvertently while foreigners are being monitored. The intelligence community has repeatedly said it takes steps to minimize the data collected on Americans. Among the senators’ concerns: that the administration hasn’t been able to estimate how many people in the U.S. have had their information reviewed under the program."

128 comments

  1. Hasn't been able to? by 93+Escort+Wagon · · Score: 5, Insightful

    I suspect the truth is "hasn't been willing to".

    People have been willing to ignore these sorts of things since they can at least pretend it's probably doesn't involve their own information. If the truth came out, and the government admitted it was electronically sifting through virtually all internal US communications... I suspect people would start to get riled up over it.

    --
    #DeleteChrome
    1. Re:Hasn't been able to? by mr1911 · · Score: 4, Funny

      You underestimate the apathy of the average citizen. Or overestimate their intelligence. It is hard to tell them apart sometimes.

      This is to protect the children from the terrorists. The government said so. They even nudged me and winked, so I know it is true.

      --
      This post comes with a double-your-money-back guarantee!
      Any offense taken to this post is at your sole discretion.
    2. Re:Hasn't been able to? by cpu6502 · · Score: 5, Interesting

      It is the natural order of things for people in charge to want MORE power, not less. They are not about to give-up the ability to record Americans conversations. In fact the current government is stone-walling Congress not just on this issue (how many messages were caught "accidentally"), but also the gun-running program into Mexico.

      Congressman: "I have an email here that says you were aware of the program. It's addressed to you."
      Holder: "That refers to the previous Wide Receiver program under Bush."
      Congressman: "Uh no, the email says right here, and I quote, 'Fast&Furious'. That would be under President Obama's and your watch."
      Holder: "The email is wrong. It was Bush." :-o

      --
      My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
    3. Re:Hasn't been able to? by Charliemopps · · Score: 4, Insightful

      I don't really think it's apathy or lack of intelligence. There are plenty of people that are incredibly intelligent that do not have degrees or high paying salaried jobs. Have you ever operated heavy equipment like an excavator? I know guys that are nearly savants with those things. Not a one of them cares about politics. They chose to apply their wisdom and wits to something tangible, something they can change directly. I can understand that. So much of politics is slight of hand, trickery, lies and deceit that many people just refuse to participate any longer. I can understand that as well.

    4. Re:Hasn't been able to? by Anonymous Coward · · Score: 0

      It is the natural order of things for people in charge to want MORE power, not less. They are not about to give-up the ability to record Americans conversations.

      What for? Of what use to the government is all of this data?

    5. Re:Hasn't been able to? by drinkypoo · · Score: 2

      If more of those people actually particpated, put themselves into the mix, then perhaps they would be able to change more.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    6. Re:Hasn't been able to? by __aaltlg1547 · · Score: 4, Insightful

      The left yells you the right is trying to take away your rights. The right tells you the left is trying to take away your rights. They both tell you the other side is wrecking tgr economy. Unless you are paying VERY close attention, it's hard to sort out fact from paranoid fantasy.

    7. Re:Hasn't been able to? by Anonymous Coward · · Score: 1

      Actually, since the law the senators enacted (with the house and president's signature) requires us to minimize intercepts of communications of US persons, it's very hard to determine how much we've collected, since if we knew, we wouldn't collect. That's not a very satisfying answer, and I'm of course posting AC, but the truth is generally very boring.

    8. Re:Hasn't been able to? by Anonymous Coward · · Score: 2, Funny

      The government wants to know what you think of it so it can help you more.

      It's being a caring big brother, see.

    9. Re:Hasn't been able to? by Anonymous Coward · · Score: 1

      I don't really think it's apathy or lack of intelligence.

      He said the "average citizen." So yes, it's both apathy and a lack of intelligence. He also didn't mention anything about degrees or high-paying jobs.

    10. Re:Hasn't been able to? by s.petry · · Score: 2

      I read a great article on something much bigger than what they currently do, and it's all perfectly legal according to the article. The NSA super compute center being built currently, scheduled to be on line 2013 has links already in place by agreements with the only provider for major telecom hubs in the US which is AT&T. According to the article the NSA will be snooping, storing, and even trying to crack the encryption for all internet traffic both foreign and domestic, and all without a warrant.

      Simply put, if it's not legal now it will be next year with the activation of this new center.

      --

      -The wise argue that there are few absolutes, the fool argues that there are no probabilities.

    11. Re:Hasn't been able to? by Anonymous Coward · · Score: 1

      I dunno, ask Putin if he'd like to know who does/doesn't agree with him. You don't want the wrong person to disappear in the night.

    12. Re:Hasn't been able to? by hot+soldering+iron · · Score: 1

      Left? Right? You're talking about different hands of the same organism, correct? Maybe they are both right.

      --
      When you want something built, come see me. If you want correct grammar and spelling, get a F*ing liberal arts student.
    13. Re:Hasn't been able to? by __aaltlg1547 · · Score: 1

      Left? Right? You're talking about different hands of the same organism, correct? Maybe they are both right.

      Just between you and me, that sounds like paranoid fantasy as well.

    14. Re:Hasn't been able to? by Anonymous Coward · · Score: 0

      And you think it would be any different under a Romney administration, like it was any different under a W administration?

      You do know that this is more just posturing from some in Congress, right? The real people with a say in it (Senate Select Committee on Intelligence, similar group in the House) are already bought off or otherwise on the program, so it doesn't really matter.

      This toothpaste dribbled out of the tube long, long ago.

    15. Re:Hasn't been able to? by Anonymous Coward · · Score: 0

      You know what answer you'd get from an average Joe where I live? "If you've got nothing to hide, you've got nothing to worry about."

    16. Re:Hasn't been able to? by drinkypoo · · Score: 1

      Just between you and me, that sounds like paranoid fantasy as well.

      They shout at each other across the aisle during the day and then go to the same bars and laugh together at night. It's all a big fucking act, and the evidence is broadly available. Look at who is paying their salaries if you still don't believe...

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    17. Re:Hasn't been able to? by lightknight · · Score: 2

      "They shout at each other across the aisle during the day" -> Of course they do. The Democrats are trying to broker a compromise with the Republicans whereby they can get access to the 'Candy Desk,' and the Republicans want nothing to do with it, because Senator What's-His-Face ends up eating all the cherry licorice.

      --
      I am John Hurt.
    18. Re:Hasn't been able to? by thexile · · Score: 0

      or vagina.

    19. Re:Hasn't been able to? by mwvdlee · · Score: 1

      If only there were more parties to choose from...

      --
      Slashdot social media options: AIM, ICQ, Yahoo, Jabber and Mobile Text. Why no MySpace?
    20. Re:Hasn't been able to? by Another,+completely · · Score: 1

      I don't really think it's apathy or lack of intelligence

      So much of politics is slight of hand, trickery, lies and deceit that many people just refuse to participate any longer.

      How is that different from apathy? Alternatively, what is the difference between "I don't care." and "I would care, but..."?

    21. Re:Hasn't been able to? by dkleinsc · · Score: 2

      They're both kinda correct, and the reason is that they're focused on different sorts of rights.

      The American right is trying to take away the ability to get an abortion, to organize a union, to communicate and travel freely without being spied on by the US government, to use recreational drugs, and to protest in any meaningful way.

      The American left is trying to take away the ability of just anybody to own deadly weapons, to make contracts or sales that they consider harmful to the overall economy (particularly involving labor), to pollute the water and air, and in some cases to see anything really disturbing.

      Different people care about different sets of those, and that's the kind of thing that determines where you sit on the political spectrum.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    22. Re:Hasn't been able to? by mcgrew · · Score: 2

      The left is trying to take away some rights, the right is trying to take away different rights, both are trying to take away some of the same rights, but as to the economy, that one's simple: Bush was the only President to leave office with fewer Americans employed than when he took office. He went into office in a booming economy and left the economy in the worst shape it's been in since the Great Depression. Of course, Clinton is partly responsible for the housing/banking collapse (along with the Republican congress that passed the deregulation that caused it). Two wars depleted the treasury, Bush inherited a balanced budget and left Obama with the biggest defecit in history.

      And now the Republicans are running another businessman like Bush. One who says "I like to fire people" and who got rich doing just that.

      Neither side cares about you. It's who gives the biggest campaign bribes.

      Of course, nobody's completely to blame for the shitty economy, right now the European debt crisis is dragging the whole world down.

    23. Re:Hasn't been able to? by Anonymous Coward · · Score: 0

      I think you just defined "apathy".

    24. Re:Hasn't been able to? by mcgrew · · Score: 1

      There are. There were five candidates in the last presidential election on enough ballots to have a mathematical chance of winning. The trouble is, even though they are all viable, the media refuses to acknowledge the Greens, Libertarians, and Constitutionalists. Which they do because the media are corporate-owned, and it's cheaper to bribe two candidates than it is to bribe five.

    25. Re:Hasn't been able to? by mcgrew · · Score: 1

      How is that different from apathy?

      Completely, it's a feeling of helplessness, not apathy. It's "I would vote if it woud do any good, but both candidates have already been paid off by the anti-pot lobby and the corporations, so whichever one I pick I'm screwed anyway."

  2. Sure...not! by CTU · · Score: 0

    I really don't believe anyone would try to "minimize" the data collected and stored on Americans. I think this loophole was intentional, but what can I do about it?

    1. Re:Sure...not! by bobbied · · Score: 1

      Don't make international calls.... Specifically, don't call somebody in the list of countries where the bad guys frequent....

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
    2. Re:Sure...not! by Anonymous Coward · · Score: 0

      Probably nothing, but if every country on the planet inserts this very same clause into their Constitution, "X Constitution allows X to monitor communications of foreigners living outside X and further the X Constitution allows he President/PM to order the execution of Foreigners anywhere" might provide some balancing weight. At least these very same insane bunch will start signing a different song.

    3. Re:Sure...not! by whoever57 · · Score: 2

      Don't make international calls.... Specifically, don't call somebody in the list of countries where the bad guys frequent....

      Like, uh.. the United Kingdom (7/7) or Spain, or, pretty much any large country in Western Europe.

      --
      The real "Libtards" are the Libertarians!
    4. Re:Sure...not! by currently_awake · · Score: 0

      You actually think they ONLY monitor long distance? Really? If you want to catch the terrorists that are planning on blowing up the then you must monitor domestic communications to catch them HERE.

    5. Re:Sure...not! by bobbied · · Score: 1

      Domestic monitoring *requires* a warrant so a judge must be shown probable cause or any evidence collected would not be allowed in court. So, in the case you are bringing up, if they monitor a domestic to domestic phone call without a warrant they cannot use any evidence collected to prosecute. Given this, they would be *stupid* to not get the warrants, because they'd walk Scott free otherwise.

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
    6. Re:Sure...not! by DanTheStone · · Score: 1

      Wyden's been hinting for a while that their secret interpretation of this "spy on foreigners" stuff is to spy on all Americans as well. They're probably claiming that, since internet or phone can be routed internationally since it's all data packets, that means all communication is international and they can spy on it. Shocking, I know.

  3. Ron Wyden by NoKaOi · · Score: 5, Interesting

    When I clicked on the article I was wholly unsurprised to find Ron Wyden was one of the senators. Every time there's something in the news about a bit of sanity coming from a senator, it seems to have Ron Wyden's name. It's encouraging that there's a senator like that out there, but it's discouraging that it's only 1% of them. I wish we could get one or two of those for my state.

    1. Re:Ron Wyden by Marxist+Hacker+42 · · Score: 1

      There is a reason why despite my being single-mindedly pro-life, he's the only Democrat I'll vote for.

      --
      SJW: a person who perceives an injustice, and while correcting it, commits a greater injustice.
    2. Re:Ron Wyden by Anonymous Coward · · Score: 2, Interesting

      Don't forget Bernie Sanders. I first learned of him back in the 90's when I would watch C-SPAN. Every single vote they ever held I would see the I-Yea, or I-Nea exactly as I would have voted. I later learned that the "I" was Bernie Sanders.

    3. Re:Ron Wyden by Anonymous Coward · · Score: 0, Insightful

      There is a reason why despite my being single-mindedly pro-life

      i.e. a moron.

    4. Re:Ron Wyden by __aaltlg1547 · · Score: 1

      2%. Count Mark Udall.

    5. Re:Ron Wyden by Delarth799 · · Score: 1

      I think whats almost as discouraging is that whenever something like this appears in the news its always two and every so often three senators who are raising concerns about this stuff. Its never a large bunch =/

    6. Re:Ron Wyden by Anonymous Coward · · Score: 0

      Bernie doesn't matter since he's a self-described socialist. Therefore he's against everything the Republitarians stand for.

    7. Re:Ron Wyden by Obfuscant · · Score: 1

      Every time there's something in the news about a bit of sanity coming from a senator, it seems to have Ron Wyden's name.

      I guess it depends on your definition of sanity. Ron Wyden is very good at scoring points by making the right kinds of noises. He depends on the Portland/Eugene vote to keep him elected, and very little on the rural parts of Oregon which are much more conservative.

      He still has to deal with the "Smith killed a kid" ad that came out after he claimed he'd run a clean campaign, at least as far as I'm concerned. It is interesting that Republican PACs are assumed to be in the pocket of the candidates they support, and yet Wyden wasn't responsible for the ads his PAC ran during that campaign.

    8. Re:Ron Wyden by Anonymous Coward · · Score: 0

      He does make being an Orgeonian worth something, at least for the bulk of people who live in or near Portland. There aren't enough who are polar opposites to him (Greg Walden) yet to cancel out the Portland Metro vote (Clackamas county notwithstanding).

      Too bad Greg Boucher got voted out in Virginia. He was on the right side (not the winning side) as far as this stuff went, too.

    9. Re:Ron Wyden by Anonymous Coward · · Score: 0

      When it comes to senators with a "bit of sanity", I wish I could get *THREE* from my state!

    10. Re:Ron Wyden by ThatsNotPudding · · Score: 1

      I just hope he limits his exposure to air travel. http://en.wikipedia.org/wiki/Paul_Wellstone#Controversy

    11. Re:Ron Wyden by Marxist+Hacker+42 · · Score: 1

      Or somebody who actually gives a shit whether the species survives or not. I realize that maybe to you children and people younger than you are utterly useless and should be killed so that you can have the latest IPad, but in the real world, that's called exterminating the species.

      --
      SJW: a person who perceives an injustice, and while correcting it, commits a greater injustice.
  4. I'm concerned by Anonymous Coward · · Score: 1, Interesting

    with the fact that they are not concerned with the rights of people outside the Holy Land of the United States of America. Typical.

    1. Re:I'm concerned by bobbied · · Score: 2

      So do you suggest that we apply the same rules of evidence used in our courts to inelegance gathering overseas? So shall we just go to the international courts to get warrants? I don't think that's a workable solution.

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
    2. Re:I'm concerned by Tanuki64 · · Score: 3, Funny

      with the fact that they are not concerned with the rights of people outside the Holy Land of the United States of America. Typical.

      No problem. I am not concerned with the rights of Americans, e.g. I feel free to ignore their copyrights.

    3. Re:I'm concerned by Anonymous Coward · · Score: 1

      Just curious, can you name /any/ countries with the ability to snoop on foreigners that have proudly and legally bound themselves not to?

      EU nations not snooping on other EU nations doesn't count. (Although props to them for making a start on it.)

    4. Re:I'm concerned by betterunixthanunix · · Score: 1

      You may not have noticed, but they were elected to represent the interests of Americans. Why would they be particularly worried about whether foreigners are having their rights violated? Those foreigners are represented by governments that are supposed to be concerned about that sort of thing.

      --
      Palm trees and 8
    5. Re:I'm concerned by Anonymous Coward · · Score: 0

      Why would they be particularly worried about whether foreigners are having their rights violated?

      Because the beloved US Consitution applies to man, not solely to US citizens.

    6. Re:I'm concerned by betterunixthanunix · · Score: 1

      Because the beloved US Consitution applies to man, not solely to US citizens.

      Indeed, that is why it starts with this sentence that clearly indicates its universal applicability:

      We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

      --
      Palm trees and 8
    7. Re:I'm concerned by dkleinsc · · Score: 2

      to inelegance gathering overseas

      Man, do we have to outsource everything? If I need to gather inelegance, I can just go to my local Wal-Mart.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
  5. What...? by Mitreya · · Score: 4, Interesting

    But two senators are questioning whether a loophole allows the storage and search of messages from Americans that are picked up inadvertently while foreigners are being monitored. The intelligence community has repeatedly said it takes steps to minimize the data collected on Americans.

    What does that 2nd sentence even mean and why was it included? Either they are allowed, which case no need to minimize the data on Americans or they are not allowed to. "Taking steps to minimize" means nothing quantifiable (up to 100% reduced!).
    Even assuming I trust everyone here, that is still a totally meaningless and irrelevant statement included in the article.

    1. Re:What...? by dark12222000 · · Score: 0

      It's a very meaningful statement, you're just an idiot. What is being said here is that
      1. The intelligence community IS collecting data on Americans
      2. The intelligence community IS storing said data
      3. The intelligence community hasn't done much to stop said collection


      I realize anything beyond strict sentential logic is beyond you, but please try to keep up with the rest of us and learn to read between the lines.

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

      oh bullshit. It means that it's impossible to get a 100% filter to ensure that they're not collecting on any Americans. The reason they can't provide good data on how much they have collected is because it's damn tough to figure out who exactly is on the phone via wiretap. That voice recognition shit you see on CSI is TV, not reality.

    3. Re:What...? by artor3 · · Score: 1

      Running stop signs is illegal. Any competent driver will take steps to minimize running stop signs. But odds are you will still do it on occasion, purely by accident.

      This isn't hard to understand, unless you are actively trying not to understand it.

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

      Running stop signs is illegal. Any competent driver will take steps to minimize running stop signs. But odds are you will still do it on occasion, purely by accident.

      This isn't hard to understand, unless you are actively trying not to understand it.

      If you are going to go with car analogies, then a better one is the speed limit. People will tell you that they try to go under the speed limit. If they went over, it was inadvertent. But, the only reason people pay any attention is that if they get caught going over the speed limit, they get in trouble. So, they weigh that risk versus the convenience of going fast. They are arguing that allowing them to go however fast they want is no big deal, since they routinely notice that they are going a little bit over the speed limit, and make efforts to slow down. But, that is a bit like the record companies getting a law passed that they are allowed to hack into people's computers to make sure you are not copying their music. They promise they will only do it for that reason and if they don't, it wouldn't matter that there were no penalties.

             

    5. Re:What...? by L4t3r4lu5 · · Score: 2

      The simple solution to this problem is to throw out anybody who doesn't state unequivocally that they will stop the collection of data on US citizens.

      Senator 1: "We will take steps to minimise the collection of US communications."
      Voters: "Get out."
      Senator 2: "We will drastically reduce the scope of the project to exclude the communications of US citizens as much as possible.
      Voters: "Get out."
      Senator 3: "We will stop collecting data on communications made to and from US citizens."
      Voters: "How will you do that?"
      Senator 3: "We will scrap the program, and put in legislation ensuring that this kind of warrantless tapping of communications is heavily punished in the future."
      Voters: "Give that man a job!"

      Can you folks please just grow a backbone and get this shit sorted out?

      --
      Finally had enough. Come see us over at https://soylentnews.org/
    6. Re:What...? by JackieBrown · · Score: 1

      I wish we would stop this as well, but it is not as easy as you suggest. If we made it that blanket filter against recording or collecting data from US citizens, then it would be trivial to get around any US spying. All you have to do is make sure to copy a dead US citizen's personal email and you are covered. Heck, I have an old Hotmail email that I had long stopped monitoring until I realized that Hotmail let me automatically forward my emails to gmail.

  6. Oh come on... by Anonymous Coward · · Score: 0

    We KNOW you spy on all of us...

    Why do you keep pretending you don't? You're fucking around and wasting time.

    Here... see... i'll do it.
    WE SPY ON EVERYONE ALL THE TIME!
    See how easy that was? Now get the fuck back to work.

  7. I never would have guessed... by bobbied · · Score: 2

    What this article leaves out and the reader should know, is that it is illegal for the federal government to monitor domestic communications without a warrant. There is no such protection afforded non-citizens outside of the USA. At issue is when the CIA (or other foreign intelligence gathering organization of the Federal Government) is monitoring a foreign national outside of the USA who may be talking to someone inside the states. The "loophole" they are talking about basically is that as long as the collection target is not a domestic US citizen, any information gathered is legal to keep, even if it involves a domestic party. It must also be understood that such evidence would NOT be admissible in court for a criminal trial having not been obtained though a warrant. I wonder if it could legally be used as probable cause to obtain the warrant though.

    I personally don't see the huge issue with this, unless we are seeing a rash of prosecutions based on such evidence. I have heard of no such cases. Further, unless the Fed is really not trying to filter the data at all, it is unlikely that they have much data that they have to purge. After all, this IS an investigative effort that targets non-US-citizens so it makes sense their filtering is pretty good, or this effort would be useless.

    I'll guess that the guys with the tinfoil hats who are looking for the black helicopters won't like this, but I'd be much more worried about Google or Facebook collection efforts than this.

    --
    "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
    1. Re:I never would have guessed... by Mitreya · · Score: 4, Interesting

      I personally don't see the huge issue with this, unless we are seeing a rash of prosecutions based on such evidence.

      "We have sought repeatedly to gain an understanding of how many Americans have had their phone calls or emails collected and reviewed under this statute, but we have not been able to obtain even a rough estimate of this number," Democratic Sens. Ron Wyden of Oregon and Mark Udall of Colorado wrote ... The senators said in the report that the Director of National Intelligence had told them it was not feasible to come up with such a number.

      If nothing else, I worry that even the few senators who may be interested in protecting American rights are blatantly snubbed by the CIA when trying to do so. That doesn't concern you?

    2. Re:I never would have guessed... by bobbied · · Score: 1

      Congress holds the money and can choose to not fund the CIA anytime it decides to. Just remember that the CIA is a part of the *executive* branch, subject to the funding appropriation process, the Laws passed by congress and upheld by the courts. There are checks and balances here and the CIA amounts to but a small player on this stage. So I encourage the senators to do what they can to make the point if they don't get what they want from the CIA.

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
    3. Re:I never would have guessed... by cheekyjohnson · · Score: 2

      I personally don't see the huge issue with this

      I do. It allows the potential for abuse, and I see it as an unnecessary power to have. Especially when it allows them to spy on citizens. No, I'm not going to blindly trust the government or their filters that are supposedly "pretty good."

      I'll guess that the guys with the tinfoil hats

      You needn't have a tinfoil hat to see that humans tend to abuse their power when given too much of it. History is filled with such things, and I certainly don't want to take any unnecessary risks.

      --
      Filthy, filthy copyrapists!
    4. Re:I never would have guessed... by Anonymous Coward · · Score: 0

      Unless Congress somehow can set up its own shadow force, they know that if they were to do this, there would be many...accidents suddenly among Congress members. There's 535 of them. The CIA, NSA, and their private-sector lackies (Xe Corporation et al), well, way more than that.

    5. Re:I never would have guessed... by Anonymous Coward · · Score: 0

      ---snip--- The "loophole" they are talking about basically is that as long as the collection target is not a domestic US citizen, any information gathered is legal to keep, even if it involves a domestic party. It must also be understood that such evidence would NOT be admissible in court for a criminal trial having not been obtained though a warrant. I wonder if it could legally be used as probable cause to obtain the warrant though.

      I personally don't see the huge issue with this, unless we are seeing a rash of prosecutions based on such evidence. I have heard of no such cases. ---snip---

      A. I doubt "they" are worried about due process or warrants.

      B. We might never hear of "prosecutions", as the parties could be "disappeared".

    6. Re:I never would have guessed... by Anonymous Coward · · Score: 0

      You are just trying to trick us into more public sector cuts. Don't you realize the private sector is doing fine? We can afford to cut more public sector jobs.

      -- Concerned Democrat Leader

    7. Re:I never would have guessed... by Nimey · · Score: 1

      They can afford to because they've got the support of enough other senators, who can afford to because their voters either want this or don't care.

      I have argued with people who see the patriot act and TSA as good things. It's soul-crushing.

      --
      Hail Eris, full of mischief...

      E pluribus sanguinem
    8. Re:I never would have guessed... by dkleinsc · · Score: 1

      Here's a funny story about that:
      So there was this project conceived by convicted felon Adm John Poindexter called Total Information Awareness which basically amounted to spying on the Internet, including the activities of all Americans, on a mass scale. This generated a fair amount of outrage, particularly among left-wing civil libertarians, and in 2003-4 then Senator Russ Feingold and Senator Wyden were able to organize a defunding of the program ... which basically got renamed and continued on as before with hardly more than a change of name.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
  8. Amazing! by Mitreya · · Score: 1

    California Democrat Dianne Feinstein, who chairs the committee, said she believes that existing provisions in the law are adequate to prevent Americansâ(TM) communications from being mishandled. ... But Sen. Feinstein said she agrees that the committee should know just how many Americans are having their communications monitored.

    I am sure Senator Feinstein will see things differently if she was spied upon. And, even more interestingly, "Americans' communication ... being mishandled" really depends on her definition "mishandled". Maybe she believes that not spell-checking the permanent records is "mishandling", but spying itself is fine?
    As always, it is great to see that the only meaningful debate (which may or may not result in any changes) is whether the senators should be kept in the loop. Nothing about protecting Americans from being monitored 24-7.

    1. Re:Amazing! by drinkypoo · · Score: 1

      I am sure Senator Feinstein will see things differently if she was spied upon.

      She doesn't have to worry about that, she plays ball.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    2. Re:Amazing! by wierd_w · · Score: 1

      That's naive.

      The ones that play ball are the ones with the most known about them. If you have a bought stooge, you want to make sure they stay bought. Never run the risk of having loose lips sinking your ships. Always have a sword of damoclese hanging over their heads to keep them in line with your goals.

      Anyone who can't see how the military industrial complex and its intelligence arms are controlling US politics along side other corporate interests needs to have their brains examined. Follow the money. The big expenditures are far and wide military spending, and subsidies. There is no question who is pulling the strings.

      The point here, though, is that the stooge only thinks they can get away. The truth is that when they became a stooge, their puppet masters looked in on all their dirty laundry right up front, before accepting them for the job. If she turned on her puppeteers, rest assured, the amount of dirty laundry that would suddenly "leak" mysteriously would be enormous, and damning. She would never work in politics again.

    3. Re:Amazing! by drinkypoo · · Score: 1

      The point here, though, is that the stooge only thinks they can get away.

      No, the point here is that she is not trying to get away. She has played her role faithfully all along and I expect her to do so until death. That doesn't mean they don't spy on her, but it means they don't have to do it so much. Just watch out for exceptions and flag on them, no big deal.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  9. I thought that... by Anonymous Coward · · Score: 1

    Spying on citizens not under your own authority illegal?

    The US government seams to freak out when foreign citizens spy on it yet it seams to be ok when it does it to them.

    1. Re:I thought that... by bobbied · · Score: 1

      I don't think you are understanding the character of this issue. Yes, foreign spies operating in the US need to be worried, and yes we should and do take steps to deal with such activities. I expect other countries to do the same for spies located in their borders... But at issue here is intelligence gathered from domestic sources about foreign communications. Basically the law gives the CIA the right to monitor communications that cross our borders, despite the fact that at least one side of the conversation is domestic and domestic monitoring usually requires a warrant.

      If foreign countries "freak out" over such monitoring, so be it, but they are free to do the same for communications that cross their border. Many other countries do exactly the same thing, as well as filter the allowed communications where the US doesn't filter.

      The US is not being inconsistent in how it treats the rest of the world here. In fact, if anything we are much less tolerant to monitoring domestically than almost all of the rest of the world which makes us a much easier target for spying. Seems our constitution does a good job of protecting us from such abuses, or at least it has so far.

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
    2. Re:I thought that... by the+eric+conspiracy · · Score: 1

      Yes, exactly what do other nations do in regard to monitoring communications with foreign nationals?

      Could it be that they engage in this stuff too? Why don't we see articles discussing legislative hearings on their policies on Slashdot?

    3. Re:I thought that... by cheekyjohnson · · Score: 1

      Seems our constitution does a good job of protecting us from such abuses, or at least it has so far.

      Like from the TSA and the Patriot Act? Then again, it really doesn't matter much how the US compares to other countries. That won't determine whether or not the US is doing a good job.

      --
      Filthy, filthy copyrapists!
  10. Go back to sleep by Anonymous Coward · · Score: 0

    Canada will monitor the American citizens and America will monitor thje Canadian citizens and the politicians can still claim that they don't monitor their own citizens so that's all right then.

    Don't worry America, go back to sleep. God, we need Bill Hicks to point this stuff out...

    1. Re:Go back to sleep by Anonymous Coward · · Score: 0

      Can't sleep. Need weed.

      Get on that gubmint.

      (creepy captcha:transmit)

  11. NSA Response: by Greyfox · · Score: 3, Insightful

    "Nothing to see here Senator Likes-to-be-spanked-by-nuns-while-wearing-diapers and Senator Visits-livegoatporn.com-every-fifteen-minutes. No personally-identifying information is being collected and certainly wouldn't get out unless completely by accident."

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

    1. Re:NSA Response: by dkleinsc · · Score: 1

      I've often wondered who Anthony Weiner ticked off, too. I should point out that the picture that caused the entire scandal was not something that actually showed his face, so it's quite possible what actually happened was that somebody hacked his phone, put an image of some guy's weiner and sent it to a believable and pretty young woman (who might also have been on payroll), who then went to the news media.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
  12. I hate to do it by Charliemopps · · Score: 3, Insightful

    I hate to do it, but someone has to.
    How many people have been killed by international terrorists on US soil in all of history?
    How much have we spend on counter-terrorism efforts in the past 10 years?
    Do some math... and we're spending billions per civilian life to stop terrorist attacks.
    Lets just stop for a while and see what happens.

    Now you're going to jump up and yell "That's cold! It's horrible! How could you?!?!"
    Well, yea... fine, I'll accept that. But what if we instead spent all those billions on cancer research?
    Not only would we save far more lives, over a much longer term, but dieing from cancer is plain and simple a worse way to die that having your plane blown up or crashed.
    Counter terrorism is an excuse to maintain our cold-war levels of military readiness that simply are not needed any longer. We need to stop, and think before we spend and bomb.

    1. Re:I hate to do it by Anonymous Coward · · Score: 0

      Man, I didn't think Ron Paul posted on SlashDot.

      So... What is one terrorist attack *worth* to you? Say a dirty bomb in Times Square? A few car bombs spread around to create panic? How much financial damage would that be?

      You see if you just consider the money and deal only with cold hard cash, how much would it cost to simply relocate New York City if it was rendered unsafe through an attack? I dare say many more billions than we've spent in 10 years.

      So, even if you just look at money, I think you are wrong about the the cost benefit analysis just in dollars. Then add the human lives that could be lost? Slam dunk we are doing the right thing..

    2. Re:I hate to do it by cheekyjohnson · · Score: 1

      I believe the likelihood of such an attack is also very much worth considering, and that rights are far more important than a few people's lives. In other words, I think this "to stop the terrorists" nonsense has to go unless they show that it's working, show that it doesn't violate anyone's rights, and show that a specific attack is likely going to occur.

      --
      Filthy, filthy copyrapists!
    3. Re:I hate to do it by s.petry · · Score: 2

      You know, I really really hate straw man arguments. Especially when you are brainwashed in to thinking that's the only answer.

      Did you know, that we have chemical detection units that could be installed in airports that detect chemicals in the air without intrusion. We also have numerous types of animals trained to do the same. Did you know that using either of those two methods would have caught the underwear bomber before they boarded a plane. No current methods including the naked scanner will pick up a surgically implanted bomb, so don't bother. Did you know that the naked scanner would have done little good in finding the allegedly used plastic box cutters in the 9/11 hijackings?

      Did you know that using dogs, or the airborne detection would save loads of money? But you, you only see the option of the TSA. Yes, groping grandma is the only option right?

      I won't even go further for an AC. Just do some research, people much smarter than you have already pointed to answers.

      --

      -The wise argue that there are few absolutes, the fool argues that there are no probabilities.

    4. Re:I hate to do it by Harkin · · Score: 1

      Do you know how much money it cost to develop those chemical sensors? Billions of dollars.
      Dogs are great and all but pretty easy to fool as well. Just coat everything in BACON!

    5. Re:I hate to do it by Anonymous Coward · · Score: 0

      We need to stop, and think before we spend and bomb

      The bombing is far from thoughtless, they're just not your thoughts.

    6. Re:I hate to do it by dkleinsc · · Score: 2

      Consider a much more clear and present danger than terrorism: drunk driving. It kills 11,000 people (including 3000 people who aren't the drunk driver) and costs approximately $115 billion worth of damage every year. That's roughly 1 9/11's worth of non-drunk-driving victims, 1.5 Hurricane Katrinas, and another 8000 drunks on top of that, every single year. But because it's something that happens at a rate of few dozen a day, we don't notice it as much (unless, of course, it's you or somebody you love who got caught up in it).

      Imagine what might happen if we spent as much time and resources stopping drunk driving as we did stopping terrorist attacks.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    7. Re:I hate to do it by s.petry · · Score: 1

      While perhaps a bit funny, your statements lack any credibility. We are spending billions on scanners, and more on people that grope everyone boarding a plane. The US Military has had air detection for a long long time. Expense relates to adoption, so costs for the air sensors would quickly be reduced if adopted. They are not more expensive to build, and operation requires much less training and head count. In other words, you have been duped in to thinking that financially the only option is a massive head count, massive amounts of machinery, and massive amounts of intrusion in to your privacy.

      Food will not deter trained dogs, it's been proven over and over and over. You think this has not been tried by smugglers in Mexico over and over and over? In order for that logic to be true, you need to provide cases where dogs have been trained and maintained properly. IE starving a dog would have a different result, and I'm sure you can find cases of mishandling having an impact. K9 forces are generally treated exceptionally well, and handlers and dogs have strong bonds.

      --

      -The wise argue that there are few absolutes, the fool argues that there are no probabilities.

  13. Shock: secret court decides itself is legal. by whoever57 · · Score: 4, Insightful

    She pointed out that the Foreign Intelligence Surveillance Court has repeatedly found that the collection program is reasonable under the Fourth Amendment to the Constitution

    Secret court decides that its reason to exist is legal..... news at 11:00

    --
    The real "Libtards" are the Libertarians!
  14. Loopholes by Anonymous Coward · · Score: 0

    One of the great things about the constitution is that it established a checks and balances scheme that allowed judiciary system to rule on a system of law fearlessly, effectively, and independently. Unfortunately, our judicial system is broken today because loopholes exist because judges are not taking the "essence of the law" into consideration. What is the purpose of a judge if they are merely ruling and not making judgements?

  15. Rule #1 needed by Anonymous Coward · · Score: 1

    If any information is collected by real time surveillance of any sort without a judicial ruling pertaining to a particular person for particular stuff, AND NO ADVERSARY WAS AVAILABLE TO OBJECT, then it can never be used in evidence for any domestic civil, criminal, administrative case or any other legal proceeding with consequences to the subject at all. Zero tolerance. Cite precedent that the government itself uses zero tolerance in many legal actions.

    Submitted for approval. GFL.

    JJ

  16. Crsnk up the FUD to 11. by __aaltlg1547 · · Score: 1

    If you don't know the government isn't monitoring you, you must assume they are?

    1. Re:Crsnk up the FUD to 11. by Anonymous Coward · · Score: 1

      What you think or what you assume is irrelevant. The government is monitoring you. The government monitors as many people as their technology allows.

    2. Re:Crsnk up the FUD to 11. by 93+Escort+Wagon · · Score: 4, Insightful

      Before 9/11, the government already had a law in place allowing them to place wiretaps FIRST and then request a warrant up two two weeks after the fact. Post 9/11, after the Bush administration got caught systematically placing and maintaining wiretaps without a warrant, they asked for legal approval for US security agencies to use their own discretion on placing wiretaps without need of a warrant, ever. They argued the current law, requiring the eventual issue of a warrant after the fact, to be unworkable because of the sheer volume of communications they wanted to monitor.

      At that point, a lot of people who don't normally buy into conspiracy theories came to the conclusion the government intended to data-mine all telecommunications traffic in some manner. Now, we have an NSA facility being constructed in Utah - slated for completion next year, I believe - that has the openly stated purpose of doing just this.

      So, yeah - I think it's safe to assume the government is monitoring me, you, and every other US citizen.

      --
      #DeleteChrome
    3. Re:Crsnk up the FUD to 11. by ATMAvatar · · Score: 1

      Well... not yet. The facility isn't finished yet.

      --
      "They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety."
    4. Re:Crsnk up the FUD to 11. by Anonymous Coward · · Score: 0

      Fortunately, Obama put a stop to all of that. He even gave us more freedoms when he signed the NDAA

    5. Re:Crsnk up the FUD to 11. by Anonymous Coward · · Score: 0

      Isn't that what Echelon was/is?

      Not a lawyer, but they can monitor all they want, they just can't use that in a court of law against a citizen of the USA. If the citizen is dumb enough to leave the country and visit some Islamic shit hole for "training", then they get a Hellfire in the chest. Opps!

  17. The US is not then prying on the traffic of S.AM? by jon_doh2.0 · · Score: 2, Interesting

    Oh no, god forbid "Americans" are subject to the same treatment as that which they mete out. The self perceived exceptionalism of the US is so jarring, created equal indeed.

  18. I am pro life and afraid of Republicans by Anonymous Coward · · Score: 0

    There is a reason why despite my being single-mindedly pro-life, he's the only Democrat I'll vote for.

    I am really pro-life too and I protest all wars, abortion, drone attacks, the death penalty, and any and all killing.

    How do you cope? I'm constantly being harassed as being a "Liberal" and "Anti-American" and yet, I am a die hard Republican. .

    What do you do?

    1. Re:I am pro life and afraid of Republicans by Anonymous Coward · · Score: 0

      Stop labeling yourself?

    2. Re:I am pro life and afraid of Republicans by Marxist+Hacker+42 · · Score: 1

      I cope by voting third party *most of the time*. And I'm damn glad I actually read your question.

      --
      SJW: a person who perceives an injustice, and while correcting it, commits a greater injustice.
  19. Confused by Anonymous Coward · · Score: 0

    I'm confused now. I thought that the loophole that they were trying to close with patriot2 was the inability to spy on people who might be Americans or might be foreign (e.g. anyone on a VoIP call) how can they call this a loophole when its pretty much the entire point of the current legislation.

  20. Re:The US is not then prying on the traffic of S.A by RocketRabbit · · Score: 1

    It may be difficult for you to accept this, but many Americans are against a lot of what our government does in the name of our safety and interests. I know that foreign stereotypes of Americans are well-ingrained and constantly reinforced by the foreign media, but you could exercise your critical thinking organ a bit here.

  21. So, let me see if I got this right.. by InspectorGadget1964 · · Score: 0

    There is a law in the US, that allows the imperialistic yankee government to eavesdrop on my communications, because I’m a citizen of another county and I live outside the boundaries of your aggressive, intrusive, dictatorial, arrogant regime? In my book that is called spying and worries me that you people talk about it with a straight face! Not that I expect much honesty and straight dealing from a country that start wars for profit and lies about non existing weapons of mass destruction, so they can invade another country to steal petrol!

  22. Must be election time by nurb432 · · Score: 1

    Its the ONLY time congress 'cares' about our rights and wave their 'look at me flag'. As soon as the elections are over, it will be back to business as usual.

    They don't care, they never have, never will.

    --
    ---- Booth was a patriot ----
  23. How would you do this? by Harkin · · Score: 1

    "that the administration hasnâ(TM)t been able to estimate how many people in the U.S. have had their information reviewed under the program." So unless I'm mistaken I pretty sure communications going through other countries don't have some kind of "this is a us comms" tag. Ya, you MIGHT be able to use an IP but with the nature of the Internet and routing it's pretty easy to get that mucked up. So that said, how do you count the number of communications collected on US persons if your not sure where they came from? That said, even if you are filtering on IP then all anyone would need to do is connect to a US based proxy and WOOOO it's bannananananana time. I have no idea what that means.

  24. The US will be one day a great country by Anonymous Coward · · Score: 0

    When they finally understand that:

    a) "the law" is not enough to rule society... you gotta have Morals above the law;
    b) a foreigner is also to be considered under the law to have similar rights to nationals, it's not possible to hold double standards and maintain sanity;
    c) "American" are everyone who lives in all Americas, not just the ones from the US;
    d) "United States of America" s too generic a name; e.g. "The Guianas" could one day form another "United States of America"... be creative and get a fscking name, it's harder than electing a national anthem or flag,

    Meanwhile, we get to read deplorable summaries like the present one and witness "senators" worry about fellow countrymen instead of about human rights.

    Not that my country wouldn't d the same... oh, wait, we wouldn't, because some great guy made some brilliant law, and Congress approved, saying that people shouldn't be treated differently because of their nationality.

    Maybe that's what makes this situation look worse to me...

  25. "state-sponsored" huh? by Anonymous Coward · · Score: 0

    google-warning-gmail-users-about-state-sponsored-attacks

    The law lets U.S. agencies monitor the communications of foreigners outside the U.S.

    It appears that the "state" Google is warning about is the United States.

  26. Such wiretaping may be illegal in other countries by Anonymous Coward · · Score: 0

    If it is not legal for citizens of your country, then why would citizens of other countries think it is ok for you to do it to them?

  27. Re:The US is not then prying on the traffic of S.A by Anonymous Coward · · Score: 0

    It may be difficult to you to accept this, but:

    1) The parent comment specifically spelled "Americans" instead of Americans. You people from the United States consistently refer to yourselves as Americans, like there were no Americans outside of the USA. This is disrespectful against the whole continent, and you know what? there are way WAY more non-USA Americans than USA ones.

    2) Don't blame the foreign stereotipes for what can be easily seen even here. This news has 89 comments, most of them from "Americans". There is not a single one of those that tries to say something on the lines of: "actually, we should NOT be monitoring foreign communications either! These guys outside of our borders are also people, and they deserve the same rights we do!"

    3) Even though I am sure that there is a (different) subset of "Americans" that are against every USA government policy, "majority" is what counts in a democracy. Further, the parent was even as graceful as judging you for the actions chosen by (the representatives of) a majority of "Americans". When you decide that "guys outside of our borders are bad and want to kill us", you are judging billions of people for the actions of a very thin minority. Hence, don't be surprised if you get bad reactions.

  28. Ezpats by Anonymous Coward · · Score: 0

    How many of those "foreigners" may actuallly be US citizens?

  29. Re:The US is not then prying on the traffic of S.A by RocketRabbit · · Score: 1

    You are both wise and brave, and your choice of responding as AC proves this.

  30. Re:The US is not then prying on the traffic of S.A by Anonymous Coward · · Score: 0

    Yeah. It's racism.

  31. Re:The US is not then prying on the traffic of S.A by Anonymous Coward · · Score: 0

    While you play word games.
    I'll fucking straighten the whole thing out.

    American government isn't the same as Americans (it was true, but is no longer true), in fact Americans no longer control their government, the globalist banksters do. So there is a big problem blaming the people of the land. I don't blame the Japaneese people about Fukushima, I blame TEPCO and the Japaneese Government. I don't blame the North Korean people I blame their insane government. See the difference now? Great. So let's quit this fucking bullshit about the people. Foreign stereotypes can also be proxy propaganda. There's a lot of shit going on. Sometimes a broadcaster or magazine editor just doesn't give a crap enough to make the distinction. How often do people bitching about Fukushima differentiate between their people and their government?

    Americans don't want these wars, spying, and the destruction of the US Constitution the oath breakers in government do.
    You speak of "democracy" well if what's going on in Libya and Syria is spreading democracy, I don't want it. I agree with veterans (who are also Americans), who support a Constitutional Republic. But to get back to that, the DHS has to be de-activated and all these oath breakers cleansed from the system.

    You want to fight someone, fight Agenda 21, Fight GMO's, Fight the banksters, Fight those who shit on the Constitution.
    These are the only fights that Americans can fight. Americans don't decide where that drone goes to kill someone, The President does.

    Now that this shit has been explained, the only possible way you can still be confused, is to be purposefully confused because you want to. I also don't like the way you explain shit because it divides people. Nobody has a right to fuck other people over. Get the story straight. Many Americans do not CONSENT to all this shit going on. But the press is controlled by government--you'll never hear it from the press because they are presstitutes. (or in english fucking whores)

  32. Amusing but disappointing distinction by cheros · · Score: 1

    It's not OK to spy on Americans, but not a problem to spy on foreigners?

    Sigh..

    --
    Insert .sig here. Send no money now. Owner may sue, contents will settle. Batteries not included.
  33. Re:The US is not then prying on the traffic of S.A by Anonymous Coward · · Score: 0

    Vos eres Argentine?

  34. Buried Lede by ThatsNotPudding · · Score: 1

    The vote in May for ending the 'Forever War' warrantless wiretapping of US citizens was 2 to 13. Just two of fifteen US Senators believe the Rule of Law is a concept still worth defending.

    If it wasn't clear already, this was confirmation the conversion of the US into police state continues unabated. A point the leadership of both parties are in agreement.

  35. NOT OK by Anonymous Coward · · Score: 0

    I stand against any agency that wants to do their own oversight.

    Every agency that has been granted authority have proven to abuse that authority. Give them an inch and they take a mile.

    NO MORE!

  36. Re:The US is not then prying on the traffic of S.A by CrimsonAvenger · · Score: 1

    Chill.

    The government of ANY country can legally spy on foreign nationals if they choose to do so.

    Whether any particular government can spy on its own citizens (with or without a warrant) is that government's (and those citizens') business.

    So, we'll worry about our government spying on us, and you can worry about your government spying on you....

    --

    "I do not agree with what you say, but I will defend to the death your right to say it"