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Secret Court Upholds Phone Data Collection

cold fjord writes "The Houston Chronicle reports, 'A newly declassified opinion from the government's secret surveillance court says no company that has received an order to turn over bulk telephone records has challenged the directive. The opinion by Foreign Intelligence Surveillance Court Judge Claire Eagan, made public Tuesday, spells out her reasons for reauthorizing the phone records collection "of specified telephone service providers" for three months. ... 'Indeed, no recipient of any Section 215 order has challenged the legality of such an order, despite the explicit statutory mechanism for doing so.'" Relatedly, the UN Human Rights Council is discussing the surveillance situation.

22 of 174 comments (clear)

  1. No Surprise by sociocapitalist · · Score: 5, Insightful

    Why would a 'for profit' corporation go out of its way to protect the rights of consumers that don't even know they're having their privacy invaded to start with?

    USA needs to get rid of the secret courts.

    --
    blindly antisocialist = antisocial
    1. Re:No Surprise by Entropius · · Score: 5, Insightful

      As an American, I am way less worried about foreigners hurting me than my government hurting me, either directly, indirectly by restricting people I'd like to do business with, or by simply confiscating part of my income as taxes to do silly things.

      The check on a democratically-elected government to stop them from doing silly things is for the people to find out about it and vote the fuckers out. But we can't do this if we're not allowed to know...

    2. Re:No Surprise by Cryacin · · Score: 4, Insightful

      Too bad both sides subscribe to liking secret courts.

      --
      Science advances one funeral at a time- Max Planck
    3. Re:No Surprise by danbert8 · · Score: 4, Insightful

      Gee, if only there were more than two candidates running for any particular office... Oh wait, you wouldn't vote 3rd party because they don't have a chance right? That's just what they want you to think so they can maintain their power.

      --
      Yes it's an anecdote! Were you expecting original research in a Slashdot comment?
    4. Re:No Surprise by fustakrakich · · Score: 5, Insightful

      You voted in a democrat, obviously you really didn't want any change at all.

      --
      “He’s not deformed, he’s just drunk!”
    5. Re:No Surprise by Kookus · · Score: 4, Insightful

      Either that or it's because the 3rd party is bat$4:^ crazy as well.

    6. Re:No Surprise by AJH16 · · Score: 5, Insightful

      I realize this and still vote that way. Why? Because it will put fear of the people back in the main parties. Large scale abuse of power can only occur when people who are going to do the abusing are comfortable with their power. If they realize that they will lose the power if they abuse it too much, they don't abuse it. Showing politicians that we would prefer batshit crazy to abusively corrupt, it forces them back to the table.

      --
      AJ Henderson
    7. Re:No Surprise by AJH16 · · Score: 4, Insightful

      Put another way, honestly the best thing that someone like Ron Paul can do is get like 30 or 40% of the vote and make the parties that are made up of people that aren't fanatical to a fault realize that they need to change if they want to hold on to power. That way, you avoid the crazy people in power but still get the change that is needed. This was the realization that made me switch to voting third party. Winning doesn't matter, showing the amount of loss does.

      --
      AJ Henderson
    8. Re:No Surprise by Anonymous Coward · · Score: 5, Insightful

      As long as one of the bat shit crazy things they do is make it easier for third parties to get in (and thus easier for themselves to get reelected), I find it a perfectly acceptable tradeoff to have the country run by someone completely insane for only 4 years. Are you sure that someone bat shit crazy would even be significantly worse than the current two parties?

    9. Re:No Surprise by Hatta · · Score: 4, Insightful

      When one party is 99% evil, and the other party is 98% evil, the "spoiler effect" doesn't matter much. The only vote that actually matters is a protest vote.

      --
      Give me Classic Slashdot or give me death!
    10. Re:No Surprise by Bacon+Bits · · Score: 5, Insightful

      As an American, I am way less worried about foreigners hurting me than my government hurting me, either directly, indirectly by restricting people I'd like to do business with, or by simply confiscating part of my income as taxes to do silly things.

      This is something I wish more Americans would remember. Our founding fathers didn't fear terrorism. They feared tyranny.

      --
      The road to tyranny has always been paved with claims of necessity.
    11. Re:No Surprise by Anonymous Coward · · Score: 5, Insightful

      This is sooo obscenely naive and short-sighted. We will NEVER escape from the two-party stranglehold with thinking like this. Spoiling an election (or even a couple of them) would be totally worth breaking the duopoly in the long term. Anyone who tells you otherwise is making two obvious mistakes:

      1) They are blinded to the overwhelming similarities between the two major parties. Yes, there are differences on some very philosophically significant issues, but when it comes to the actual running of the country, you'll realize those "big" differences amount to a small fraction of actual decisions made. You then see that they drastically overestimate the difference achieved by switching to a govt dominated by the other party.

      2) They underestimate the inertia of our massive government organization. Billions of dollars and millions of participants require extraordinary vision, planning and execution to pull off sweeping changes even in a system that lacks checks and balances. In our system of checks and balances, dramatic changes can take decades and/or massive cultural/technological change to back them up. Those who fear "so-and-so will ruin our country" dramatically underestimate what it takes to do so.

      Both our current problems and our current strengths are unlikely to be dramatically altered in just a term or two of the "wrong guy in office". So stop trying to optimize short-term gains and starting voting for some long-term restructuring of the system.

      There is no way in hell that two parties with so much in common can serve as anything remotely representative of our geographically and demographically complex nation. WE DESPERATELY NEED A SYSTEM OF POLITICS WITH HIGHER RESOLUTION. I'm thinking, probably, no political parties with more than 15-20% support and plenty of viable ones in the 5-10% range, requiring coalitions on legislation and executive candidates. Of course, it would also be fantastic to restore the House of Representatives to its proper ratio to the population. Locking it at around ~430 has proven disastrous and made them very non-representative.

  2. Why? by Anonymous Coward · · Score: 4, Insightful

    Is the U.S. in a constant state of emergency? If so, why?

    "Orwellian" is an overused term, but it applies here. The state in 1984 has extraordinary powers because it's in a constant war/state of emergency.

  3. not surprising. by nimbius · · Score: 4, Insightful

    when faced with the option of complying with federal law or challenging it, im willing to guess most major corporations that butter their bread with federal dollars would be reluctant to question so much as the color of the stamp on the envelope in which the request was delivered.

    --
    Good people go to bed earlier.
  4. Well, duh by paiute · · Score: 4, Insightful

    My experience with telephone companies tells me that their only response upon receiving such an order would be to figure out how to pass along double the costs of it to me and if it ever became public tell me it was an upgrade.

    --
    If Slashdot were chemistry it would look like this:Cadaverine
  5. Yahoo by arbiterxero · · Score: 5, Insightful

    So is the Secret Court lying, or is Yahoo's Marissa, google, lavabit and a handful of other companies that supposedly challenged their compliance lying?

    because someone is, and my guess is the people that are running the 'secret' courts are lying.

    1. Re:Yahoo by thoromyr · · Score: 4, Insightful

      I differ. The secret court does not have clear reason to have lied: this information comes from revelation of secret court documents, not a PR statement itself.

      OTOH, Yahoo, Google, etc., all have a vested interest in lying to the public in order to assert some damage control. The statements from these individuals were definitively PR and, as such, can reasonably be expected to put as much spin as necessary to put them in the best possible light. I'm not saying they were bad for doing so (though I'm not saying they weren't...), that is a function of their *job*.

      As others have noted, why would they contest it? Anyone who gets federal monies is susceptible to federal manipulation. Look at the so-called "Higher Education Opportunities Act" which uses the threat of witholding federal funding to exert control over universities. Or the use of federal funds to require a speed limit on interstates.

  6. The threat of investigation by hessian · · Score: 5, Insightful

    Here's the deal:

    Either you go along with our investigation, and hand over all your data on everyone, or we investigate you.

    We'll come in, confiscate a few vital servers, demand all your documents, interview all your staff.

    This will shut down your business and cost you tens of thousands of dollars or more, but that's not our concern.

    So which do you want -- rat out your customers, or get shut down?

    Sincerely,
    The Government

  7. Can You Blame Them? by Jah-Wren+Ryel · · Score: 5, Insightful

    I know it is popular to blame the phone companies here, but don't forget what the government did to Qwest. The CEO of Qwest stood up to the government and said "NO." They put him in prison for insider trading because he sold shares months before the government canceled classified contracts in retaliation.

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    When information is power, privacy is freedom.
  8. Re:Americans prefer safety to freedom by Anonymous Coward · · Score: 2, Insightful

    American's "appointed leaders" prefer the illusion of security over freedom.

    FTFY

  9. Re:Is that the corp's job? by Cassini2 · · Score: 4, Insightful

    In America (and Canada, Britain, and Australia) the law is based on an adversarial legal process. If everyone is friends, then this process doesn't really work. Theoretically, the government isn't supposed to be friends with anyone. The founding father's never trusted government, and hence they built in safeguards to protect the country from tyranny. Today's situation where the government is closely linked to large corporations is a new and different form of tyranny. Unfortunately, this was not invisaged when the founding father's wrote the constitution, and hence the courts are not set up to deal with it.

  10. Re:Except for Joseph Nacchio of Qwest by Anachragnome · · Score: 3, Insightful

    " Nacchio was a hero, and no one even noticed."

    I did.

    And, if he ever runs for office (don't care which one) in a district I can legally vote, he has my vote. Same goes for Ladar Levison (Lavabit). When it comes to politicians, actions are all that matters--what they say can no longer be trusted. Granted, these guys are not politicians, but as far as I am concerned they've already met the requirement for pretty much any position they could hold in government, that requirement being at least a scrap of social-responsibility and morality.