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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.'"

47 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.

    --
    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 arth1 · · Score: 5, Informative

      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.

      And they're mostly right.

    4. 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...
    5. 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.

    6. 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.
    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.

      --

      -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.........
    12. Re:Would not have expected? by tragedy · · Score: 4, Interesting

      Before a law becomes a law, it was known as a bill

      I am interested to know how many of you guys actually spend time to review the myriad of bills that are awaiting to be passed in the parliament/congress, and/or state-level legislatures/senates ?

      Isn't it a little bit too late complaining about "malicious" laws while none of us paid any attention to them when they were still bills ?

      Well, in the case of the USAPATRIOT act, it was introduced on Tuesday, passed the House on Wednesday, then passed the Senate on Thursday, then signed by the President on Friday. It is 363 pages long. Numerous congressmen have admitted to not having read it before voting for it (and let's face it, they probably never read through the whole thing after passing it either). As for the rest of us... frankly I'm not sure how quickly the congressional record was actually available back in 2001. Anyone know? Would it have been immediately available to the public as soon as it was introduced? Put online somewhere maybe? Or would it be done at the end of the day? Perhaps the end of the week after it had already been signed into law? This is something I really want to know. In any case, even if it were available to the public instantly and a it was read through by an amazing speed reading legal scholar, their letter of objection to their congressman probably wouldn't have gotten there in time.

  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.

    --
    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 Hatta · · Score: 4, Informative

      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.

      Appropriate sanctions being jail time for the kidnapping of this man. The most you're actually going to see is a censure, and we'll be lucky if we get that.

      --
      Give me Classic Slashdot or give me death!
    2. Re:System may be working? by fuzzyfuzzyfungus · · Score: 5, Informative

      The law is ripe for abuse as written:

      Miranda was stopped at the airport, presumably under the terms of Terrorism Act 2000 Schedule 7: "Ports and Border Controls"(on page 108)

      "Power to stop, question and detain

      2.—(1) An examining ocer may question a person to whom this paragraph applies for the purpose of determining whether he appears to be a person falling within section 40(1)(b).

      (2) This paragraph applies to a person if—
      (a) he is at a port or in the border area, and
      (b) the examining ocer believes that the person’s presence at the port or in the area is connected with his entering or leaving Great Britain or Northern Ireland.
      (3) This paragraph also applies to a person on a ship or aircraft which has arrived in Great Britain or Northern Ireland.
      (4) An examining ocer may exercise his powers under this paragraph whether or not he has grounds for suspecting that a person falls within section 40(1)(b)."(emphasis mine)

      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')

    3. Re:System may be working? by CRCulver · · Score: 3, Interesting

      There is public debate and input: election cycles. It is unreasonable to expect public debate of every law when understanding such laws in detail (as opposed to misunderstanding it or falling for a caricature the opposition spreads in the popular press) requires considerable legal training. While there will always be some tiny amount of votes who read the text of a law and write in to their representatives to voice their opinion, the general public is simply incapable of following the detailed legalese involved.

    4. 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?

    5. Re:System may be working? by Minwee · · Score: 3, Funny

      ...Because Obama really does write laws for the United Kingdom.

      You do know that there are countries outside of the USA, right?

    6. 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.

    7. 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.

    8. 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?

    9. Re:System may be working? by bagofbeans · · Score: 4, Interesting
      It's actually a little more subtle than that:

      Terrorism Act 2000 Schedule 7
      2(1)An examining officer may question a person to whom this paragraph applies for the purpose of determining whether he appears to be a person falling within section 40(1)(b).

      5A person who is questioned under paragraph 2 or 3 must
      (a)give the examining officer any information in his possession which the officer requests;
      (b)give the examining officer on request either a valid passport which includes a photograph or another document which establishes his identity;
      (c)declare whether he has with him documents of a kind specified by the examining officer;
      (d)give the examining officer on request any document which he has with him and which is of a kind specified by the officer.

      Also, under the "Examining Officers under the Terrorism Act 2000 Code of Practice" Code-of-Practice-for-Examin1.pdf:

      The examining officer should advise the detained person that, under paragraph 5 of Schedule 7 to the Act he/she has a duty to give the officer all the information in his/her possession which the officer requests in connection with his determining whether the person appears to be, or have been, concerned in the commission preparation or instigation of acts of terrorism. The detained person should also be reminded that not complying with this duty is a criminal offence under paragraph 18(1) of Schedule 7 to the Act.

      This means that one has to submit to full search of electronic stuff (decrypting where necessary), but questioning about stuff clearly irrelevant to terrorism need not be answered.

      If Miranda was largely questioned about irrelevant stuff to use up the 9 hours, than that's something to take up with ECHR as abuse.

    10. Re:System may be working? by CRCulver · · Score: 4, Interesting

      The anonymous coward above must be facetious, as few have the money for an attorney at every step. However, a system where every citizen is entirely aware of the legality of every single one of his actions, is simply an ideal that has never existed even in successful democracies. As far back as Athenian democracy (I highly recommend reading Lysias), where laws were debated by every free male of the polis, there were numerous cases where citizens broke those laws unknowingly, or the laws were worded in such a way that an action believed legal nonetheless drew state prosection and it had to be fought out in court.

      If one's government really were criminalizing commonplace behaviour, chances are Joe Public would become aware of it by seeing someone else in his society prosecuted, and then would not be ignorant of the law. Only a tiny amount of people would thus be taken completely by surprise.

    11. Re:System may be working? by QuasiSteve · · Score: 3, Interesting

      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.

    12. 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.

    13. 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").

    14. Re:System may be working? by camperdave · · Score: 4, Funny

      anyone else find it a little ironic that a man named miranda was stopped and stripped of his rights??

      We all did, but we were exercising our right to remain silent.

      --
      When our name is on the back of your car, we're behind you all the way!
  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.

    --
    Lost at C:>. Found at C.
    1. Re:Can't wait ... by Hatta · · Score: 5, Interesting

      Laura Poitras, who also received the Snowden leaks, has had this exact experience. Her 2006 film, "My Country, My Country", about Iraqis living under American occupation earned her a spot on the terrorist watch list. Since 2006, she's been detained at the border around 40 times.

      --
      Give me Classic Slashdot or give me death!
    2. Re:Can't wait ... by RabidReindeer · · Score: 4, Funny

      So, the only way to get our representatives to take note of civil rights abuses is to have them affect a protected class. I wonder how I get myself classified as a journalist?

      Oh stop fussing. Innocent people have nothing to worry about.

    3. Re:Can't wait ... by Hatta · · Score: 5, Interesting

      Thanks for noticing. This may be more due to slashdot's demographics changing than a shift in public sentiment, but who knows. Personally I get more gratification from rebutting authoritarians than racking up mod points. I've noticed fewer of those, fwiw.

      --
      Give me Classic Slashdot or give me death!
  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.

    2. Re:I can't answer that until I speak to my lawyer by oxdas · · Score: 5, Interesting

      Under the law, he is not entitled to an attorney. Furthermore, if he refuses to answer a question, under this law, it is a crime. The law is currently being challenged in the EU courts.

  7. There should be a new law - UK Miranda Rights by Overzeetop · · Score: 3, Funny

    I want to see a new law, named after him, which protects everyone's rights in the UK against such detention. That way everyone in the UK will be a beneficiary of this new "Miranda Rights" law. Of course, it should differ from the Miranda Rights in the US in fundamental ways so as to cause the most confusion possible. Especially in internet discussions.

    --
    Is it just my observation, or are there way too many stupid people in the world?
  8. 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

  9. 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.
  10. 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
  11. 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.

  12. White House: US was given 'heads up' before David by Anonymous Coward · · Score: 4, Informative
  13. 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.