Why DOJ Didn't Need a "Super Search Warrant" To Snoop On Fox News' E-mail
awaissoft writes "If attorney general Eric Holder wanted to perform even a momentary Internet wiretap on Fox News' e-mail accounts, he would have had to persuade a judge to approve what lawyers call a 'super search warrant.' A super search warrant's requirements are exacting: Intercepted communications must be secured and placed under seal. Real-time interception must be done only as a last resort. Only certain crimes qualify for this technique, the target must be notified, and additional restrictions apply to state and local police conducting real-time intercepts. But because of the way federal law was written nearly half a century ago, Holder was able to obtain a normal search warrant — lacking those extensive privacy protections — that allowed federal agents to secretly obtain up to six years of email correspondence between Fox News correspondent James Rosen and his alleged sources."
And although Fox is playing the indignant victim all over the news right now, they've know about this for a long time.
If you want news from today, you have to come back tomorrow.
I'm guessing this relates to some big news story in the US. Possibly wouldn't have hurt to provide a little background though.
I know they are stupid and shouldn't be called a news show, but what did they do that requires wiretapping?
Be seeing you...
They told me if I voted for Romney the government would engage in unconstitutional wiretapping.
Nothing is more amusing to me that watching leftists trying to pretend this is all okay because it's Fox and not what they consider real news organizations. I hope you remember this moment when the next Republican president takes office.
Don't let the Red/Blue Faux News debate cloud this issue. It doesn't matter who did it or to whom it is not okay and this policy should be banned.
Doesn't matter who's fault it is...
who started privacy abuses,
what party is/was in power.
There is something going terribly wrong here.
We, as Americans,
have obviously slid quite a little way down the slippery slope,
toward something quite different than the bastion of freedom we like to think of ourselves as...
We should be doing something more about it than pointing fingers and playing politics.
An infringement on the freedom of the press, or the confidentiality of sources, is a threat to democracy regardless of whether it targets an actual news agency or a mockery thereof.
That's why there are no protests for President drone-strikes's killing spree.
That's why the press runs a coverup after the administration gets our ambassador to Libya killed and then lies for two weeks about it being related to a YouTube video.
That's why their fund raiser Corzine can steal $1 billion dollars and escape indictment.
That's why they can send thousands of guns to Mexican drug cartels, resulting in the murder of hundreds of innocent Mexicans.
That's why they can use the IRS and other agencies to infringe the freedom of speech and freedom of association of their opponents.
That's why they can spy on reporters whenever they want.
That's why the unemployment rate and the deficit don't make news.
That's why they can funnel billions to their political contributors in "green" loan guarantees as company after company goes under.
That's why they can receive record amounts of campaign cash from Wall Street and still pretend they're not on Wall Street's side.
That's why they can be against gay marriage and it doesn't matter because everyone knows they don't mean it.
That's why they can take massive cash from Hollywood to make Copyrights permanent and no one calls them on it.
That's why they can force colleges to adopt unconstitutional speech codes in the name of harassment.
That's why they can slur Clarence Thomas and Mia Love and Ted Cruz and Nikki Haley.
The rules aren't for them. They get a pass. On everything.
Congress should pass an adjusted law and move on rather than making it a witch hunt. Trying to milk it as a "dirty conspiracy" will just pull BOTH parties (deeper) into the mud.
Computerized gerrymandering is part of the problem: politicians redraw their own districts to be slanted politically so that all they have to do is kiss up to extremists to get re-elected rather than do real work.
Table-ized A.I.
Because they were breaking the fucking law in the first place. Who gives a shit about warrants? It's called the Constitution. Something Holder and Obama give exactly zero shits about.
BUT HEY GUYS, keep supporting them for your pet social issues because that fucking matters so much compared to freedom of the press and the right to bare arms.
A visual compare of TFA with this Cnet article suggests that copy-pasta was involved.
First, Team Obama have had an effort underway since the start of their campaign in late 2007 to push the theme that Fox news is evil/bad/untrustworthy because it is the ONLY network in the US with no financial ties, employment ties, or family ties (by blood or marriage) to the Obama campaign and PR people (look it up... it's shocking how many at the other news outlets have either worked for the Obama admin, fund raised for them, or are married or biologically related to them). No other president in U.S. History has had the media in his pocket to this degree. PBS is financially dependent on him. The NBC network (via GE and including MSNBC) had its CEO in the Obama team, partly funded Obama, and GE itself was untaxed under Obama (but of course this has NOTHING to do with the relentless pro-Obama NBC and MSNBC coverage...). If you watch any news outlet other than Fox, ask yourself how often you have seen a reporter shouting tough questions at Obama and how many times you have seen stories about Obama policies or actions that did not presume he was right. This used to be the norm with ALL news outlets and all previous presidents... not with Obama... with Obama, the press is friendly to him and always assumes as the baseline of any story that he is a good guy doing good things... it's like 1936 Germany... a progressive press spoon-feeding good news about a progressive leader to a public which therefore, seeing nearly nothing negative about him approves of him getting more and more power over their lives... it's bizarre and unsettling to see AMERICANS interviewed about Obama talking about him in such messianic terms as some now do (we've seen this play before and it rarely ends well).
The Obama campaign to de-legitimize Fox has included the effort to flood You-Tube with anti-Fox bits. Obama's human drone supporters flood message boards with anti-Fox stuff all the time in an effort to keep people from getting any news that might be critical of Obama.
Second, it's the Daily Show (which, DUH, is a COMEDY show) that doctors the news clips (to help set-up comedy and satire bits). Fox has repeatedly shown entire news clips then showed Jon Stewart's take on the matters (using hacked bits of the Fox video) and debunked this stuff... Jon Stewart and his supporters either ignore it or say "so what? he's a COMEDIAN...nobody takes this SERIOUSLY!".
People who think that ANYTHING they get on a COMEDY channel from two Democrat SATIRISTS (Stewart and Colbert) is actual NEWS are fools... exactly the sort that Obama NEEDS to vote for him and support him and NEVER watch anything like Fox that might debunk anything he says/does.
You, sir, have been manipulated by the nation's court jester on behalf of his king... and you do not even know it. Very sad indeed
We should just keep handing our liberties, rights, money, and lives to any corporation that says they are going to fix all of our problems. In our case we have the good old American Government which if you didn't know is indeed very much a corporation. We just need to keep giving them power so they can have the resources they need to fix everything in the world. I mean look at our deficit. They're really killing it in that department. We can't be too hard on them tho because working with negative numbers can be tricky. Its a good thing we put government in control of educating the masses. If I didn't know any better I would think that someone or something is trying to devalue the economy of the entire world so they can strategically acquire key assets for pennies on the dollar when everything goes to shit. Well its already happening. Did you forget about the government bailouts or the scores of the countries we are currently/have previously aided to overthrow dictators/leaders. The Libyans might have pulled Kadafi out of a hole and stabbed him in the ass with a box cutter to death. However it was French/US drone strikes that decimated his 50 vehicle armored forcing to hide like a little bitch under an overpass. Without millions of weaponized dollars in the air they might not have ever got kadafi exposed. We literally sponsor Call of Duty IRL. The rebels probably got a high enough kill streak and were awarded a drone strike just like in COD. I bet they got UAVs, care packages, and weapon upgrades too. I wonder what game type they play in Libia. Looks like capture the flag mixed with team death match(two of my favs). Things can and will only get worse. How is it possible that damn near every government in the entire world cannot figure out how to produce more than they consume?
The studies you cite, done by a democrat professor from a less-than-stellar university over-sampled Fox news viewers and then asked them a bunch of "current events" questions which ALL Americans generally do poorly at.
Want the TRUTH? try this page which is not a Fox-related site.
Try getting some news from a place not tied to the Democrats or to Progressives (i.e. stop soaking your head in the MSNBC/HuffPo/Kos KoolAid). Some lefty academics have done studies specifically designed to trash non-lefties and then pushed them through the progressive-run media (all of whom hyped those studies and in a circular fashion passed them around) and because most of their target audience never seems to come up to the surface for air, this scheme works fairly well.... it just does not convince anybody whose not already in the tank.
Progressivism is toxic and Dangerous and always leads to bad things... Progressives count on the public being dumb enough to confuse "Progressivism" with "progress"... the two are only related if you are a hard-core evolutionist who wants to give mother nature a bit of a hand... The last time Progressivism rose in America (Early 1900's) it lead to extreme evil and it spread some nasty ideas (like genetic purity/superiority/cleanliness, supermen, euthenasia, the individual as only a cog in the great machine of society, assigning a dollar value to a human being, etc) around the world... so much so that the left abandoned the "progressive" title they'd previously been proud of and they hid behind the moniker: "liberal". Now, having soiled the term "liberal" they are hoping that everybody forgot about the bad side of progressivism and, like cattle, they are all following Hillary Clinton's call to go back to that term. There's a very good reason why nearly all the Progressive webites and think tanks have been partly funded by the world's richest and most famous NAZI collaborator.... young people need to WAKE UP and study some of that history stuff your progressive/unionized teachers did not teach you... you are being setup for a VERY DARK future just as a previous generation of young people were similarly setup.... only now the world has far better technology to oppress and kill...
Bush had PLENTY of reasons to do this (like when the New York Times leaked that the Bush admin was tracing cell phones to try to get BinLaden...and then Bin Laden stopped using cell phones.... and then the NYT wrote repeatedly about Bush's inability to get BinLaden...) and Yet the supremely evil (in the eyes of left-wingers) George W Bush did not do this to the New York Times
There, You have been PROVEN wrong... and it was EASY.
The really foul and toxic thing here is that the Reporter has been listed in court documents signed by Eric Holder (Obama's Atty Gen) as a co-conspiritor.... in other words (for those of you who depend on comedy shows for your news) in the eyes of Obama, doing the most basic job of journalism (asking questions of government employees) is a criminal act. Even Nixon knew that it was the job of reporters to ask questions and the job of government people to know which ones not to answer (and to not answer THOSE questions). In a "leak" it has always been the leaker who was violating the law (the guy who has the info is the one who knows whether it is classified and who has taken an oath to keep it secret). Sometimes, when a leak was a very big national security measure, the govt went to the receiver of the leak and asked him not to publish (and Nixon went to court to try to keep the leak from being published...a fight he lost when the courts refused to support "prior restraint" on the free speech of journalists...) It's a big leap, however, for Obama to go to court and say it's a crime for journalists to ask questions of his employees...
Just remember this, you progressives:
Every single thing Obama gets away with doing to Fox sets a precedent.... some future Republican president will be justified in doing it to all the non-Fox news outlets... Everybody at the NYT is a criminal just for asking questions.... (oh, and using the IRS to go after conservative groups? ha, ha, ha.... audits in the future of "enemies" at HuffPo, Kos, MoveOn, MSNBC, etc are now completely justified... move along... nothing to see here....) By going so far in the tank for Obama and not attacking this behavior, ABC, CBS, CNN, MSNBC, NBC, NYT, WaPo, etc have done themselves and their viewer/readers a huge long-term disservice
Every time a leftist utopian experiment fails, the answer from the left is "but, the wrong people were doing it" or "but, it wasn't done right..." The NYT held-up the Soviet Union as a shining example of a successful left-wing system early-on and even helped cover-up Stalin's massacre of millions (because it's a basic tenet of progressivism that the ends justify the means) ...... but then after it all collapsed? Oh, the wrong people ran it... and it was done the wrong way and eventually we even started to see stories about the Soviet Empire having been "conservative"... Only a fool would trust the NYT for honest reporting...
Left wing economics are simply unworkable where human beings are involved because they run contrary to human nature.
It's nice to say "everybody should produce as much as they can while consuming as little as they need", BUT too many people will say "I'm just not capable of producing... and I need LOTS of stuff" and the few who are over-producing will eventually say "to hell with this! I'm not working my butt off anymore just so those other guys can take it easy!" Just ask the Germans how much longer they'll be willing to work hard so the Greeks can have their long vacations and early retirements...
The so-called 'super search warrant' actually does not exist.
Then a plausible scenario as the following could have evolved within the DoJ.
DoJ Sec Eric Holder marches into a cubicle to a 'staff' member of DoJ.
[Holder] I want a WARRANT !
[Staff] Well Sir. There are guidelines and prerequisites that need to be fulfilled prior to the issue of a warrant.
[Holder] Kicks down the cubicle walls and picks up a chair and throws it across the other cubicles while shouting racial obscenities. Then Mr. Holder urinates on the 'Staff' person.
[Staff] Yes Sir [using a towel]. Just a moment ! Ah there we have it ! A Warrant ! And I am printing it now ... please excuse ... I must retrieve the Warrant from the printer ... Ah yes ... here it is . Will there be any other requests Mr. Holder [?].
Mr. Holder marches out of the cubicle floor of the DoJ to the delight of the 'prisoners.'
Such is becoming a typical day at the DoJ.
President Obama is the first one to have his Atty Gen go into court with papers saying that a journalist is a criminal co-conspiritor simply for asking questions of an employee of the government. That's what Atty Gen Eric Holder did in order to get a judge to sign-on to a warrant that would go after they guy's phones and e-mail without giving him and Fox News the usual warnings and notifications. Oh, and the really good part is that Eric Holder later went before congress and, under oath, said he was unaware of any such activity and had no involvement... This admin is getting really toxic and if Holder does not take a dive for his boss, this administration is going to fall apart. I remember Watergate... it boiled-away with really only one news outlet doggedly pursuing it for nearly two years before it all blew up... Obama has had a bunch of his people go up to capitol hill and lie under oath, and on live video... this is really bad for the country
People are hashing it out about warrants but I suspect that the various powers of the executive in war exclude normal legal processes. If someone at Fox was consorting with someone inside government and effectively helping in espionage I think that the privacy issue is not relevant at all. People who are caught dirty usually do cry fowl. I do not include Bradley Manning in this sort of thing because the information he released was not strategic or martial in nature. Manning pointed to lout like behavior of officials and double talk and the like. But Fox really does associate with and encourage dangerous groups. What channel do you think Tim McVeigh listened to?
I see you got your HuffPo/DailyKos memo... (all the George-Soros funded "Progressive" sites flailed-about grasping for any excuses they could find and they were all told to use this one)
The stupid "Wide Receiver" program [a] attempted to track the weapons [b] notified the Mexican govt and [c] ended before Obama's team of idiots decided to try again, only in the worst ways possible... Team Obama never tried to track their weapons, did not tell Mexico, Forced American gun dealers to sell the weapons even when they objected, and attempted to blame all American gun owners and the 2nd Amendment for all the resulting bloodshed.
You lefties always depend on people not looking at the details...
Obama is a centrist, not a leftist, especially with regard to civil liberties.
Sorry buddy, where civil liberties are concerned he's practically a fascist. This shit - IRS, AP, Fox News, drone kills, etc, etc, etc - is so far over the line that Bush II established, it isn't even funny. In either the sardonic or the ha-ha sense. Obama, on the topic of openness and liberty, is worse than Bush II in every way.
And if the media were as motivated to take Obama down as they were to take Nixon down, I expect this would be a lot bigger than it is now. As it is, he gets the kid gloves treatment, and somehow his excuses about not knowing about this shit get swallowed.
The more I see from this president, the more disgusted I become. Mostly because he has become exactly the sort of person he claimed to be against during his first "hopey changey" campaign. Every politician becomes a hypocrite upon gaining office, but this one wins the prize.
The original article on CNET has links, the real pictures, and doesn't feed a link building content farm. Not to mention it was written by Declan McCullagh, a great guy (bring back politech!)
Remember kids, only you can avoid feeding the trolls.
Your lovely government is trying ot crack down on investigative journalism as we know it. They want you to see only government sanctioned news in the media. It will make them easier to lie you into yet another war (Iran, anyone?) or pursue whatever dirty deal they want with impunity. I don't care who is the victim: Fox News, Wikileaks, AP, CNN or some lefty outlet - this is BAD, period. In all such cases your government uses easy to vilify targets first to set precedent and then extend opressions to everyone - this so called "war on terror" is prime example on this. You should stand up against it, whoever their target is because it is guaranteed you'll be next. It happened in almost every case of free country descending into oppresive regime and I don't see things to come out in a different way in USofA unless citizery stands up and stops this process in its tracks.
By passing the Heritage Foundation health care plan?
By deporting far more people than his Republican predecessor?
He's continued Dick Cheney's energy policy, only with more drilling.
How. I'll stop there because your bullshit little list is entirely based around Obama's party affiliation and not his actual polices. Which are to the right of Reagan on many, many fronts, from Social Security to torture to prosecuting bankers to declaring amnesty to even the right of unions to bargain collectively.
Clicking on all the scores on the comments. The moderator fights on this thread are epic.
The preceding post was not a Slashvertisement.
Treason isn't on the list of charges now (if it ever was).
Since it isn't even treason for a serving US officer to sell US made weapons to a listed terrorist group that had killed over a hundred US Marines a year previously then I don't see how a leak of information that was available to over a million people could be.
http://m.washingtontimes.com/news/2013/may/21/chilling-one-reporters-sources/
Of course, you won't have been aware that Bush DID do this, because it won't have been on FOX FARE'N'BALANSED(TM) news.
Fox has no honesty. They are not news. They are simply a fascist propaganda outlet.
Correct Horse Battery Staple: 72 bits of entropy. Enter "Correct H" into google. When it generates the phrase, that's
How you like me now?
and this is why I read BBC. All the "news" media does here is attack their opponents. This country is becoming so divided (in the media anyway) that it's disgusting. Everyone's goal is to outdo the guy before them and make sure their party keeps control.
/. is one of the few places left that values privacy for private citizens.
And yes, this is "news for nerds" because
It is astounding to me that anyone in their right mind would:
Defend any of this under any circumstances
Blame it on the victim - Fox News and the A/P
Pretend this happened as an isolated incident. Pretend that the DHS never went after political enemies, the EPA didn't grant waivers to friends and aggressively prosecute political enemies, the IRS didn't grant 501(c)(4) to thousands and thousands of liberal groups, and deny thousands and thousands of conservative groups the same treatment, the DOJ didn't selectively enforce all kinds of laws based on politics.
Invoke the "Well the other guy committed a crime that maybe was kind of sort of the same as this, so that justifies all the crimes my guy committed" defense.
The plain truth is that we have an administration that wants to persecute people for incorrect thoughts and speech. This should fill any intelligent thinking person with sheer terror. Especially those who talk about "fairness" and the need to defend "individual liberties"
Murphy was an optimist
Mail left on a server should be considered private if it's a cloud based/active mail account. It should not be subject to the six month rule, because it is being used to store mail on an active server. It is not abandoned mail in that sense. The six month rule was written for mail left at a post office. A mail account is not a post office, but a private, personal storage facility, based in the cloud. Just because it is provided for free makes no difference. That is the prerogative of the service.
Snooping on Fox News, Associated Press, conservative and Jewish groups are only one part of what the Obama regime is going (yes, I can provide citations, or you could just head over to Breitbart to get the facts yourself). The Feds also are running "Operation Vigilant Eagle" which is snooping on veterans returning from serving overseas. You might think such a programme would look to see whether such veterans were influenced by the jihadist enemy and pose a danger to US society - but this is not the purpose of the programme. The purpose is to look for disgruntled vets that oppose the current Obama regime. In fact, a Marine was thrown in jail for comments and poems pasted on Facebook (no First Amendment rights for Marines under the Obama Administration). Fortunately a circuit court judge found out about it and freed him.
Stop listening to what the Obama regime is saying (because it is clear they continually lie), and actually what the facts of what they do. The Obama Administration is prepared to snoop illegally on the press, jail returned servicemen for poems, abandon allies all over the world, promise to give Russia the performance characteristics of the US anti-ballistic missile defenses, run Fast n Furious giving guns to Mexican drug cartels, refuse to secure the southern border, invite the Muslim Brotherhood into positions of policy decision making in the Administration, abandon their own Ambassador in Benghazi when the State Department gave Stinger missiles to Al Qaeda in Libya (despite the CIA telling them not to - which is why Petraeus' affair was used against him), etc etc.
If Obama, Clinton and their Administration were prepared to do all these things to important people they should be defending, just how much effort will they spend to defend a US or foreign citizen? [Answer: less than none - they'll sell you out and then lie their face off about it]
Start reading folks:
The US Government and most of the mainstream media are lying to you (Fox is targeted because it tells the truth more often than the others - and the Obama Administration cannot have the truth known - the free people would revolt if they became aware of what is going on).
being used as the basis of a "news" article.
What I have a problem with is the assumption that just because a "source" is "anonymous", it's assumed credible. We should be more concerned with proper disclosure, not with treating the continued circumvention of disclosure as some sort of worthy goal...
I don't want to read political stuff from technical people.......This is how you lose readership.
Maybe Fox should seek help from the ACLU.
The police every were belive they are above the law and therfor don't have to worry wether their actions are legal who cares and who can do any thing about it .the police have commited numerouse crimes against me and all I could potentialy do is ask the police to investigate .well that would be volunteering for more punishment .I can prove these crimes with thelir records but to whom.
... it's been legal to tap anyone's phone, read their email, or seize and hold them for an unlimited amount of time, all without warrents, and with no obligation to inform ANYONE of what you are doing. You just have to say the magic word, "Terrorism", and all rights dissappear.
But the media hasn't even wispered any outrage. Not until it was used against them.
And in this situation the terrorism isn't immaginary, it dealt with a documented terrorist attack, and details that the Pentigon felt could assist future terrorist attacks.
I value MY privicy AND yours, but why should a corporation or business have MORE rights than a citizen and human-being?
Don't get on the wrong side of this, it's just another fight to give fictional entities more rights than real-people. And I don't care what Romney says, I say, "Corporations are NOT people, my friend."
THINK! It's patriotic
Duh, because AT&T exists, search warrants aren't needed.