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Members of Parliament Demand Explanation For Detention of David Miranda

megla writes "Yesterday Slashdot covered reports that David Miranda, the partner of Guardian journalist Glenn Greenwald was detained. Now, various MPs and other public figures have expressed their unease over the detention and demanded justification for the incident from the police. Meanwhile, Glenn Greenwald has threatened to be more aggressive with his reporting regarding the UK secret services and to release more documents about their activities, Brazil has stated that it expects no repeat of the incident, and one of the MPs involved in passing the anti-terrorism legislation used for the detention has said: 'those of us who were part of passing this legislation certainly would not have expected it to be used in a case of this kind.'"

33 of 321 comments (clear)

  1. Would not have expected? by Hatta · · Score: 5, Insightful

    Are they idiots, or do they think we are idiots? If a law can be abused, it will be abused. No exceptions.

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    Give me Classic Slashdot or give me death!
    1. Re:Would not have expected? by Nidi62 · · Score: 5, Insightful

      The representatives that passed the legislation might not have expected it. But I'm sure the people who wrote it probably did.

      --
      The only thing necessary for evil to triumph is for it to be pitted against a slightly greater evil
    2. Re:Would not have expected? by sherrane · · Score: 4, Insightful

      Are they idiots, or do they think we are idiots? If a law can be abused, it will be abused. No exceptions.

      Are they idiots? No. Do they think we're idiots? You'd have to be an idiot if you didn't realize every politician on the planet thinks we are all idiots.

    3. Re:Would not have expected? by Joce640k · · Score: 5, Insightful

      Nah, they probably weren't using their brains either.

      Never put down to malice that which can be adequately explained by stupidity.

      Law used to have public debate before being passed. Laws created behind closed doors then rushed through voting will always have bad side effects.

      --
      No sig today...
    4. Re:Would not have expected? by Anonymous Coward · · Score: 3, Insightful

      The ends justify the means. This is how laws like this are passed.

      Do you know what the problem is with the ends justify the means? It assumes that you can predict the future. And in complex cases involving millions of human beings, you generally can't. This is why smart people depend on principles instead. They know they can't predict the future, but they can learn from the past. Throwing out the principles of detention only upon reasonable suspicion, not being forced to self incriminate, and the ability to consult legal counsel to somehow get an edge over terrorists flying to Britain is incredibly short-sighted. History has repeatedly shown what has happened when those principles were abandoned, and it wasn't pretty. But then again, I'm not an British MP who can see into the future and knows that this type of law is the only thing preventing terrorists from detonating a nuke in the Tower of London.

    5. Re:Would not have expected? by lister+king+of+smeg · · Score: 4, Insightful

      Nah, they probably weren't using their brains either.

      Never put down to malice that which can be adequately explained by stupidity.

      Law used to have public debate before being passed. Laws created behind closed doors then rushed through voting will always have bad side effects.

      Except you always reverse that when it comes to government, then it is usually malice disguised as stupidity. If they didn't have to worry about reelection they wouldn't even bother with the disguise of stupidity.

      --
      ---Saying gnome 3 is better than windows 8 not so much a compliment as it is damning with light praise.
    6. Re:Would not have expected? by Anonymous Coward · · Score: 2, Insightful

      Please, they don't bear guises of stupidity. They they pretend to be "doing the right thing". I think you're seriously overestimating the competence of lawmakers here.

      Actually, they use the 'Triad of Truth' of politics: Claim to be doing the right thing; Hide your malicious intent; Feign ignorance when discovered. Ironic that the Triad of Truth doesn't contain any.

    7. Re:Would not have expected? by interkin3tic · · Score: 4, Insightful

      Rather than quibbling about smart acting stupid or genuine stupid, how about we just agree it's bad. The effect is still the same: giving government agencies power without oversight will lead to bad times for the citizens whether it's bumbling well-meaning idiots or sinister SPECTRE agents pulling the strings.

      The reps who passed this should be tossed out either way. The law needs to go either way.

    8. Re:Would not have expected? by UnknownSoldier · · Score: 3, Insightful

      > Are they idiots, or do they think we are idiots?

      Both. You do realize the answer is not mutually exclusive, right? :-(

      Government is an _extension_ of the people. If the people are too smegging lazy to demand accountability from their elected officials because they are too busy watching (un)reality TV then the people are 50% to blame.

    9. Re:Would not have expected? by Artifakt · · Score: 3, Insightful

      Absolutely! When people get drawn into debates over whether a bad act is deliberate malice or just stupidity, the bad acts end up both unpunished and, more importantly, uncorrected. Corrupt organizations love to see the debate become focused on whether there's deliberate intent before any serious efforts to fix the problem even get started. Saying we can't fix the problems until we decide the question of the individual's motives is a great way to never fix the problem. It's the same trick when the subordinate says they were just following orders and the superior says their orders were misinterpreted. The real solution is to discipline both of them the same way as if these 'defenses' had never been uttered.

      --
      Who is John Cabal?
    10. Re:Would not have expected? by s.petry · · Score: 3, Insightful

      Actually they only need to make a brief study of rhetoric and logic to be able to fool people that lack similar training. Why do you think Socrates was against the Sophists? Why do you think Socrates stated that all members of society needed to be trained in Philosophy?

      Alternatively, why do you think that Government has removed Rhetoric and Logic from public schools? It makes it a one sided fight.

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

    11. Re:Would not have expected? by cayenne8 · · Score: 3, Insightful

      The USAPATRIOT act is a perfect example of this concept.

      The trouble is..once a law actually gets passed it is virtually impossible to modify the 'bad' out of it, much less repeal the whole things if it is found to be repugnant.

      That's why, especially these days...It is BEST be very suspicious and hyper-critical of any new laws or legislation that comes up. Regardless of malice, or unforeseen, unintended consequences.....if you let it get passed, it will be damned near impossible to fix or remove it.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
  2. Hysterical Quote from Legislator by Karl+Cocknozzle · · Score: 5, Insightful

    one of the MPs involved in passing the anti-terrorism legislation used for the detention has said: 'those of us who were part of passing this legislation certainly would not have expected it to be used in a case of this kind.'"

    Of course you weren't: In fact, you weren't thinking about the potential for abuse at all when you passed this bill because even though you were warned by civil libertarians before the passage of the bill that such abuse was not only likely but inevitable, you were more afraid of the quivering masses of voters you believed would spend the next decade hiding under their sofas waiting for the end of the world to worry about such pleasantries. "This is war!" you told us, at the time.

    Choke, now, on your own lack of foresight.

    When the human race eventually gets around to causing its own extinction it will undoubtedly be caused by a total lack of foresight.

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    Who did what now?
    1. Re:Hysterical Quote from Legislator by jkflying · · Score: 5, Insightful

      Even better:

      Ms Cooper said the situation must be "investigated and clarified urgently", adding: "The public support for these powers must not be endangered by a perception of misuse."

      So, it's the public perception that's an issue here, not the misuse of powers. Interesting Ms Cooper, interesting. Do you have anything else to add?

      --
      Help I am stuck in a signature factory!
    2. Re:Hysterical Quote from Legislator by Spad · · Score: 3, Insightful

      You've misread her statement.

      As far as she's concerned, there has not been any misuse (even though they're admitting they know nothing about the specifics of this case), therefore any perception of such would be unwarranted and must be avoided.

  3. System may be working? by Roger+W+Moore · · Score: 4, Insightful

    If a law can be abused, it will be abused. No exceptions.

    True, but as you say that is true for all laws and we certainly cannot have a society without laws so this is a problem we will always have to deal with. So this is not something stupid: this is the first signs of the system hopefully working as it should. An abuse of the law has been brought to light and now those responsible need to be held to account for it with appropriate sanctions, i.e. not just a slap on the knuckles for something as serious as this appears to be. Lets keep our fingers crossed and hope that the system works.

    1. Re:System may be working? by 0123456 · · Score: 5, Insightful

      If understanding a law requires 'considerable legal training', then it's a bad law. How can Joe Public know whether they're breaking a law if they can't understand it?

    2. Re:System may be working? by 1s44c · · Score: 4, Insightful

      But the Obama promised us that it would change. Your argument is invalid and you're a racist.

      Obama doesn't dictate what the UK government does.

      No, hang on, he does. The UK government even goes to war when the US commands it to. Mind you that was partially down to the Christian nut-job war-criminal Blair and his Christian fundamentalist agenda.

    3. Re:System may be working? by 1s44c · · Score: 5, Insightful

      If understanding a law requires 'considerable legal training', then it's a bad law. How can Joe Public know whether they're breaking a law if they can't understand it?

      Joe Public is not meant to understand the law. Joe Public is just meant to stay afraid of the police so he is controllable.

    4. Re:System may be working? by 0123456 · · Score: 4, Insightful

      Joe Public is free to consult an attorney before embarking on some action he's unsure about.

      So every morning when he wakes up, he has to call a lawyer and ask whether he's breaking any new laws?

    5. Re:System may be working? by 1s44c · · Score: 4, Insightful

      I'm sure the U.S. is putting pressure on the Brits to gag Greenwald. This sounds like a typical NSA operation.

      It's ineffective though. All the UK government is doing is drawing attention to how subservient to the NSA they are and provoking Greenwald for no reason whatsoever.

    6. Re:System may be working? by Anonymous Coward · · Score: 3, Insightful

      The law actually says, explicitly, that the powers of border detention can be exercised without meeting any standard of suspicion, 'reasonable' or otherwise. If that wasn't designed to be abused, I'm not sure what would qualify, it overtly allows up to 9 hours detention on any grounds whatsoever, or none. ('section 40(1)(b)' defines a 'terrorist')

      Although it may very well have been designed to be abused, there's also a slightly more benign (insofar as evils being on a grade) explanation; covering asses.

      Let's say all the suspicion is "didn't smell right" - not a particularly reasonable suspicion. Now say it turns out the person they detained had nefarious plans. They wouldn't want to start out any case by saying they didn't have reasonable suspicion with a law saying that they must have one. At best it damages their case, at worst it undermines it entirely. Politicians drawing up the laws similarly don't want to be responsible for having to let people go just because "didn't smell right" was not acceptable.
      It leads to abuse, and that could easily have been foreseen, but that in itself may not have been the driving force.

      The very situation you describe is abuse!

      The reason it's illegal to arrest someone without due cause is because that is abuse - if you do not have due cause, you are arresting them based on prejudice (actual use of the word, pre-judging somebody based on an irrelevant detail e.g. "they smell wrong").

  4. Can't wait ... by gstoddart · · Score: 4, Insightful

    I can't wait to hear how someone is going to justify use of terror laws to detain and question the partner of a journalist.

    From what I've seen of the news coverage of this, this is pretty egregious and probably somewhat indefensible.

    This is just more over-reach by government agencies who think they can do anything they want -- and quite possibly in response to a direct request from the US to put pressure on the journalist involved.

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    Lost at C:>. Found at C.
    1. Re:Can't wait ... by Anonymous Coward · · Score: 1, Insightful

      "that Americans are hypocritical douchebags"

      You will find, if you care to look, that an awful lot of us are very libertarian and seek to preserve constitutional protections of individual liberties and rights that the statist seeks to eradicate.

      You look at the Supreme Court today. One justice moving in one direction or the other, issues these breathtaking laws that have affected the entirety of society with no recourse. We have the president of the United States brazenly, you know, rewriting laws and saying if Congress doesn't act, he will act. And then you have Congress writing these massive laws under the cover of dark, issuing them quickly on matters that they don't have any right to legislate about, and conferring enormous authority on this departments and agencies they create, delegating lawmaking authorities to the executive branch.

      So, it is not really a representative republic. It's not really a federal republic. It is a not a really a constitutional republic. Because we're unmoored from the Constitution. And for 100 years, the progressive movement, the statists that is, have been chiseling away and chiseling away at the constitutional construct. This is why the government is involved in everything from selecting our toilets and our light bulbs and our automobiles and our toasters. Now they're in our health care. They're collecting all kinds of data on us.

      So mind your thoughts Euroweenie, we are all fighting the same basic battle here. Wake yourself up and wake your neighbors, if the statist is allowed to rule this way unchecked it will only get worse. Time for some checking.

  5. That's what happens by gr8_phk · · Score: 3, Insightful

    those of us who were part of passing this legislation certainly would not have expected it to be used in a case of this kind

    That's what happens when you write legislation with a specific problem in mind that you want a nice knee-jerk reaction for. Then people point out the issues or possible abuses and you say "but that's not what this is for". Dumbass, it's not what you wanted that matters, it's what you actually wrote down and made into law that counts.

  6. I can't answer that until I speak to my lawyer by nbauman · · Score: 3, Insightful

    Did he spend the entire 7 hours saying, "I don't know how to answer that question until I speak to my lawyer"?

    In the U.S., you could do that.

    Unless the interrogators violate the Constitution, and they would never do such a thing.

    1. Re:I can't answer that until I speak to my lawyer by Truekaiser · · Score: 4, Insightful

      Worse than that
      Under these laws in the uk and the ones they were modeled after in the us. Once you're declared a terrorist you have no rights.
      You're now back to the days even before the magna-carta, the foundation for all pro citizen law in the western world. Where the king, or in this case the state, declares you guilty. And you cannot prove yourself otherwise.

  7. Sophist's choice by kruach+aum · · Score: 5, Insightful

    "'those of us who were part of passing this legislation certainly would not have expected it to be used in a case of this kind.'" demonstrating that pretending to be retarded is preferable to accepting responsibility for your actions when you're an MP

  8. Re:"Nine hours, eh?" -Gitmo detainee by gstoddart · · Score: 5, Insightful

    Erm, Guantanamo is in the US

    No, no it isn't. Guantanamo is in Cuba, and the only reason it's there is because the US pushed the Platt Ammendment into the Cuban Constitution against their will.

    The Cubans don't want them there, and they haven't cashed any of the checks for the 'rental'.

    Guantanamo is actually a base the US keeps in Cuba against the will of the Cubans -- they view it as an occupation by a foreign government. It most certainly is not in the US -- they use it because it's outside of the US and they can argue that normal laws don't apply.

    But don't pretend Guantanamo is physically on the US soil, or that the Cubans have any interest in keeping it there.

    --
    Lost at C:>. Found at C.
  9. bullshit by nitehawk214 · · Score: 5, Insightful

    those of us who were part of passing this legislation certainly would not have expected it to be used in a case of this kind

    Bullshit, fuck you, bullshit.

    That is the biggest lie I have heard all week. This is exactly what this legislation is designed to do: Make it possible to utterly destroy the friends and family of anyone that dares speak out against the regime. Mr Miranda (how ironic is it that someone named Miranda had his rights so obviously trampled upon), is lucky to not have been secretly imprisoned. Everyone even remotely involved signing the order for his detainment should be jailed.

    --
    I'm a good cook. I'm a fantastic eater. - Steven Brust
  10. Re:Reuters lies by DanielRavenNest · · Score: 5, Insightful

    Just publish the dam stuff and be done with it.

    They are intentionally selectively releasing the data in order to catch the government in more lies. First the government says "we don't monitor Americans". Then the media releases proof that they do. Then the government says "OK, we do monitor, but we have oversight". Then the media releases proof the oversight is non-existent. This is more powerful than indiscriminately releasing it all at once, because it shows how willing the government is to lie about what it does.

    I expect the remainder of the files to be released once all the lies that can be proven false are done with.

  11. Re:Miranda's rights by Anonymous Coward · · Score: 2, Insightful

    I think a Brazilian in the UK has no US rights.

  12. Re:Read the Followups by Anonymous Coward · · Score: 5, Insightful

    Namely, from the follow-up article: "Mr. Miranda was in Berlin to deliver documents related to Mr. Greenwald’s investigation into government surveillance to Ms. Poitras, Mr. Greenwald said. Ms. Poitras, in turn, gave Mr. Miranda different documents to pass to Mr. Greenwald. Those documents, which were stored on encrypted thumb drives, were confiscated by airport security, Mr. Greenwald said. All of the documents came from the trove of materials provided to the two journalists by Mr. Snowden." In the helpful clarification from Wonkette, "he was actively participating in transporting secret documents that were stolen, and which it is illegal for him to possess." On a trip paid for by The Guardian. So, maybe not quite as innocent a bystander as he initally makes it seem. But that was probably the point, and now British politicians are getting hammered for the abuse of power he baited them into. Well played!

    Are you a complete idiot? All of this was known or guessed from the start. No one ever claimed he wasn't helping his journalist partner, the whole point is that even if all that you say is true, where is the connection to terrorism? You know, the direct association with terrorist acts that is required by the statute that he was detained under? It appears that all he was questioned about had to do with the Snowden affair. Even if you think Snowden was guilty of espionage, that is not terrorism! And helping to publish the leaked details, even if they are supposed to be secret, is not even remotely terrorism. It's pretty clear that the law in question was abused in order to send some kind of message, probably at the behest of the USA, despite the denials coming from Washington.