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Judge Orders Google To Comply With FBI's Warrantless NSL Requests
An anonymous reader writes "CNet reports that a U.S. District Court Judge has rejected Google's attempt to fight 19 National Security Letters, which are used by the FBI to gather information on users without a warrant. Quoting: 'The litigation taking place behind closed doors in Illston's courtroom — a closed-to-the-public hearing was held on May 10 — could set new ground rules curbing the FBI's warrantless access to information that Internet and other companies hold on behalf of their users. The FBI issued 192,499 of the demands from 2003 to 2006, and 97 percent of NSLs include a mandatory gag order. It wasn't a complete win for the Justice Department, however: Illston all but invited Google to try again, stressing that the company has only raised broad arguments, not ones "specific to the 19 NSLs at issue." She also reserved judgment on two of the 19 NSLs, saying she wanted the government to "provide further information" prior to making a decision.' This does not affect the Electronic Frontier Foundation's challenge to the constitutionality of the letters in the Ninth Circuit Court of Appeals."
Putting the Constitution aside a moment ... oh, wait, they've already done that. Carry on citizen.
Lost at C:>. Found at C.
Looks like the judge doesn't like these things but can't do much about them, at least not in broad strokes.
That itself is curious.
Of course, that these things exist at all is pretty bad, and that the justice department is out of control is even worse.
Then again, not being an American[tm], little I can do about it.
If their concerns are valid, why don't they simply get a warrent?
Have you fscked your local propeller head today?
Executive Orders.
But these aren't warrants, they're letters. Much more powerful, because they say so.
Have you not been paying attention? The 4th amendment has been interpreted so narrowly that if it isn't actually 'paper' and on your person, it's not covered by the Constitution. And the whole border check thing within 100+ miles of any border. And free speech zones. And holding US citizens without trial. And assassinating citizens.
They've been bypassing the Constitution for almost 12 years now, when and how they see fit.
Lost at C:>. Found at C.
Exactly. I don't have any rose-colored glasses, nor do I harken back to any halcyon days where the government was just completely honest, free from corruption, and always did what was in the best interest of the people. The United States government has never done that.
However, I do firmly believe that 9/11 had to happen before they could "come out" with what they had been doing for years. Of course, there were terrorist attacks before 9/11, but those were mostly small time acts perpetrated by Americans. The people in charge know that we won't give up our liberties (again, knowingly) because one of our own did something crazy. We know other Americans, and we know that the majority of them aren't up to any no good.
No, to give up our rights, we needed someone who didn't have any constitutional protections. A foreign enemy, but one that could be living right here amongst us. They could be using our email systems our cellular networks, our internet service providers!!!
You see, the terrorists hated our freedoms. And they were using them against us! So of course, the only obvious solution is to get rid of the freedom. With freedom, comes risk. Once the average citizen had become stupid, fat, and lazy enough to care more for their own comfort and perceived safety than being free, it was time to drop the hammer on us. Now that the precedent has been set, any legal victory or victory over the minds of people that can be attained by the minority who treasure their freedom and can actually see and understand what is happening can be countered simply by giving some relatively small incident wall-to-wall media coverage for a few weeks, then letting the "pundits" sit and tell everyone how anti-American it is to not want to do "x". (x being reading everyone's emails, listening to everyone's phone calls, banning guns, placing a large urban area under martial law, or warrantless this or national security letter that...the list goes on and on.)
So, essentially, any time the people on the side of good win back one step of freedom or due process, we take 5 more steps down the road to slavery. This is why it's so egregious now. Someone essentially disabled the firewall (the public caring and fighting for freedom), then used a root exploit (a perceived massive threat to safety sold to us by the media) on the constitution.
The only way to fix it is to remove the offending exploit (stop caring about every little incident that occurs) and put the firewall back up (make people care about freedom again). Unfortunately, given how we are all asleep at the wheel, there's a snowball's chance in hell of that actually happening. As long as the average citizen has food, booze, sex, and "Ow, My Balls!" on the TV, why would they want anything more?