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NSA Head Asks How To Spy Without Collecting Metadata

jfruh writes "NSA Director Keith Alexander, testifying before the Senate this week, got weirdly petulant, asking his critics how he was supposed to do his job without collecting metadata on American communications. 'If we can come up with a better way, we ought to put it on the table and argue our way through it,' he said. 'There is no other way that we know of to connect the dots.' He also implied that major U.S. tech companies might have greater capacities than his organizations, and that they should help him out with new ideas."

509 comments

  1. Then Fire Him by craigminah · · Score: 5, Insightful

    Is he doesn't know how to do his job without violating all our rights then he should be replaced.

    1. Re:Then Fire Him by eriklou · · Score: 5, Insightful

      Came to say this...
      Time to hire people that can actually think outside of the box. Problem with that is they'd be too smart to take the job.

    2. Re:Then Fire Him by fredrated · · Score: 1

      First post and best suggestion. You win.

    3. Re:Then Fire Him by Anonymous Coward · · Score: 1

      It's not that he doesn't know how to do the job, it's that the job is impossible.

      He's right, you can't make connections without any form of tracking whatsoever, and his job is to make those connections. He shouldn't be fired, but perhaps his job should be changed or removed.

    4. Re:Then Fire Him by SerpentMage · · Score: 5, Insightful

      That is the cynicism that gives Americans what they have now. If every American actually felt there was a problem it would stop. The problem is that Americans condone this behavior as a general populace. So you get what you vote for. It is like the stat, "oh I hate Congress, but my guy is doing just fine, the others are the problem." RIGHT!!! It is always the OTHER...

      --

      "You can't make a race horse of a pig"
      "No," said Samuel, "but you can make very fast pig"
    5. Re:Then Fire Him by Anonymous Coward · · Score: 4, Interesting

      The real question: How was he doing his job before? Or is he saying the NSA has been useless for the past 60 years, and only now is viable since everyone started carrying a real-time GPS tracker?
      In that case, do we get our tax dollars back?

    6. Re:Then Fire Him by Anonymous Coward · · Score: 0

      Wish I had mod points right now, you'd get'em all.

    7. Re:Then Fire Him by SuperTechnoNerd · · Score: 5, Insightful

      The problem is that Americans condone this behavior as a general populace..

      It's more along the lines of not understanding fully whats going on and people feeling powerless to do anything about it.

    8. Re:Then Fire Him by dywolf · · Score: 3, Interesting

      Then you are short sighted and not admitting reality.
      and do not think i am a supporter of the rampant NSA spying.
      But let's be real, and think about it.
      (And refrain from hyperbole such as "all our rights")

      This entire issue is once again the conflict between two competeing ideals that we ahve, and we want both to be true at the same time.
      Like it or not, old unverified quotes aside, people want both liberty AND security. (why else do we have laws and police and military?)

      The truth is, no intelligence work can occur without "metadata" (as a concept, not just related to digital tech), which is basically just circumstantial evidence in the digital realm. it may not prove a link, but it does indicate worth look (much like the correlation/causation saw). metadata can indicate if something needs a further look, or not.

      I am not against the collection of data from an individual, targeted with reason, and with proper due process, such as a warrant. The potential can analysed, and then dismissed or acted on further. If dismissed, the data is flushed and not retained. That is reasonable and even normal.

      And I believe the Admiral is being disengenuous when he says they cant function without the collection of metadata.
      I believe that his implied intent, what he really means, is that they cant function without colelction of everyones data, all the time, and that is what he's trying to preserve. Essentially, a lie of omission.

      I believe that to be wrong, and harmful.
      The problem isnt the mere collection of metadata.
      The problem is the collection of metadata ON EVERYONE ALL THE TIME, without cause or due process, and the permanent retention of that data.
      Blanket collection and the mentality of "everyone is a suspect" is the problem.

      --
      The guy who said the election was rigged won the presidency with the second-most votes.
    9. Re:Then Fire Him by cheekyjohnson · · Score: 5, Insightful

      From what I've seen, people are either apathetic or support it. As it turns out, people in the "land of the free" don't actually care about freedom all that much.

      --
      Filthy, filthy copyrapists!
    10. Re:Then Fire Him by DarkOx · · Score: 5, Insightful

      Outside the box, how about inside the box!

      What is wrong with good old fashion detective work? You get tips from people you follow them up, you listen to truly public chatter learn who the malcontents are and infiltrate their groups, etc.

      All things police and spy agencies have been doing as long as they have existed and it worked without with to a large degree without global privacy shredding mass data collection. Is it likely to be as "effective" my guess is probably not as effective as mass surveillance can be but then again there is little evidence to suggest the the mass surveillance has worked so well, I mean people are still going abroad to meet with terror organizations come home and then sneak bombs on planes; they have just failed to detonate.

      Its a question of finding balance: risks, costs, and rewards. The real solution is we need to start getting rational about that.

      --
      Repeal the 17th Amendment TODAY! Also Please Read http://www.gnu.org/philosophy/right-to-read.html
    11. Re:Then Fire Him by cheekyjohnson · · Score: 0

      Then you are short sighted and not admitting reality.

      I don't see anything about his comment that's shortsighted, or anywhere where he doesn't admit reality.

      (And refrain from hyperbole such as "all our rights")

      I don't think it's hyperbole.

      Like it or not, old unverified quotes aside, people want both liberty AND security.

      Hopefully the former is considered far more important, but I don't think people are very intelligent in general.

      --
      Filthy, filthy copyrapists!
    12. Re:Then Fire Him by Eggplant62 · · Score: 2

      How does Constitution work? How crime get prosecuted? You want to do your job and collect data to catch crooks, you target someone specific, you get a warrant, you make the requests through the carriers, and you do it like it's always been done. Thanks for your utter disregard for all of our rights, you fucking jackhole.

    13. Re:Then Fire Him by Archangel+Michael · · Score: 0, Troll

      Well that is because the Nanny State and professional babysitters promises them a warm bottle, a blankie and a cuddle in return for votes.

      No, this is NOT a troll, this is exactly what happens when people figure out they can get stuff for "free" if they vote correctly. Conditioned response. Pavlov's Dogs etc etc etc.

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    14. Re:Then Fire Him by Xeno+man · · Score: 1

      Unless you want to take away a few guns, then that is all they care about.

    15. Re:Then Fire Him by Anonymous Coward · · Score: 1

      No actually, he's dead right –there is no better way to do what he wants to do. The problem is that he's misunderstood what the citizens and the tech companies have asked him to do. What they've said is not "don't track us that way", it's "don't track us, the trade off of our safety vs this is not worth it."

    16. Re:Then Fire Him by Anonymous Coward · · Score: 0

      That's a dumb question.

      In the past the NSA has collected data where people were communicating, via radio, telephone, and then satellite networks. AS technology evolves people migrate to the Internet, and such the NSA moved to monitoring the internet. Unfortunately monitoring communication via the internet means you start picking up metadata; that is the nature of internet communication and is what makes it different than prior radio communications.

      The internet didn't exist 60 years ago, and the NSA has a broad mission in covering all forms of electronic communication. He's referring to the monitoring of the internet.

    17. Re:Then Fire Him by MightyMartian · · Score: 4, Insightful

      No, it means he should be fired and NOT replaced.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    18. Re:Then Fire Him by MightyMartian · · Score: 5, Insightful

      Here's out of the box thinking. How about we all admit that even with near-total surveillance, something like the Boston Marathon attack can still happen, and that there is a finite limit to the safety even the most expansive surveillance regime can supply, and therefore stop pursuing goals whose ultimate destination is reduced liberties with little in the way of reduction in risk.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    19. Re:Then Fire Him by 605dave · · Score: 2

      To a certain extent I agree with you, but I would point out that there hasn't been a major election since the majority of this news broke. It will be interesting to see how much of a role these issues will play in the next election cycle.

      --
      Be kind, for everyone you meet is fighting a difficult battle. - Plato
    20. Re:Then Fire Him by ai4px · · Score: 3, Interesting

      Old fashioned detective work? Surely you jest. (Stop calling me shirley). You actually expect that we can do real detective work when we can't profile people? The PC crowd keeps poking at us when we look at a given group, say, arab men ages 18 to 40. So in order to show how "fair" we are, we need to look at everyone's metadata. After the have the data, we can filter it as we see fit and no one will know we're profiling. Oddly enough, when looking for a needle in a haystack, you need more hay.

    21. Re: Then Fire Him by Anonymous Coward · · Score: 1

      Or maybe you're branded as a terrorist, un-patriotic, or a traitor if you do say something. Most of us refuse to self identify

    22. Re:Then Fire Him by Anonymous Coward · · Score: 1

      *ears perk up, is a dog*

    23. Re:Then Fire Him by Wookact · · Score: 3, Interesting

      If the alternative party wasn't socially stuck 75 years ago then maybe people would consider voting for them. TIll then I'll stick with third parties.

    24. Re:Then Fire Him by RabidReindeer · · Score: 3, Informative

      Old fashioned detective work? Surely you jest. (Stop calling me shirley). You actually expect that we can do real detective work when we can't profile people? The PC crowd keeps poking at us when we look at a given group, say, arab men ages 18 to 40. So in order to show how "fair" we are, we need to look at everyone's metadata. After the have the data, we can filter it as we see fit and no one will know we're profiling. Oddly enough, when looking for a needle in a haystack, you need more hay.

      Profiling is just another form of indiscriminate metadata.

      To do a really effective job, pay attention to the people, not the groups. Not every Muslim out there is "Death to America". Not every Anglo-Saxon granny is "Apple Pie". Tim McVeigh was as white-bread USA as anyone, but if the proper people had been listening to him, he would have had a lot more trouble doing what he did. Otherwise you're just playing the odds.

    25. Re:Then Fire Him by Agares · · Score: 1

      Is he doesn't know how to do his job without violating all our rights then he should be replaced.

      Well in order to spy on us he has to do what he is doing now. So what really needs to be done is that we need to get rid of the NSA. Spying on us all the time doesn't help stop criminals. If it did then we wouldn't keep having all these problems we do now. Also if this sort of thing it supposed to improve security than how did that one guy get into Nelson Mandela's funeral? It may seem a little of topic, but we have been found to be spying on other countries as well. Also the President of the U.S. was there so it is in our interest to know the situation. So if this improves security so much like they say then how do we have stuff like this happen? It just blows my mind how they spend so much money on stuff like this, but get nothing accomplished with it since they are so incompetent. Furthermore how can you expect to go through all the data efficiently enough for it to even be useful? You can't tell me that if I collect data on every single person I can that I can more easily stop criminal activity. Most of those people are not criminals, so all I am doing then is going through all this data looking for a needle in a hay stack. I should be targeting suspicious people not everyone. Also I should only target those suspicious people if I have probable cause and a warrant.

    26. Re:Then Fire Him by RabidReindeer · · Score: 1

      It's not that he doesn't know how to do the job, it's that the job is impossible.

      He's right, you can't make connections without any form of tracking whatsoever, and his job is to make those connections. He shouldn't be fired, but perhaps his job should be changed or removed.

      True. But the problem is that he wants to track everyone indiscriminately instead of looking specifically for the people who he should be tracking and focusing on them.

      There's an old joke about a statistician who drowned in a lake whose average depth was 2 inches.

    27. Re:Then Fire Him by Anonymous Coward · · Score: 1

      Detective work is the antithesis of profiling. Profiling doesn't work because collecting metadata doesn't either.
      All you do by mass-surveillance is force everything underground, and then the problems only grow uncontrollably bigger!

    28. Re:Then Fire Him by Anonymous Coward · · Score: 2, Informative

      And if anything is posted online, emailed, or talked over on a cell phone, or in person, then you get sent to Gitmo as a "terrorist collaborator"... It makes revolt or any meaningful action too risky. Even if you start talking to other people about the problem, then it will turn out those people you talk to are undercover agents trying to entrap you.

    29. Re:Then Fire Him by Wookact · · Score: 3

      You cannot have complete security and freedom. You may want your cake and to eat it to, but it is impossible. Since providing complete security is impossible all by itself, I choose freedom. I believe the only reasonable compromise is that the government can monitor Americans only with a court order. There is no need to spy on grandma, and it is a waste of resources with no tangible benefit anyways.

    30. Re:Then Fire Him by gothzilla · · Score: 1

      It shouldn't be hard to believe that they couldn't function without the mass collecting of data that they do. Before the internet and cell phones bad people had to plan bad acts using paper letters and landline phones. Do you not think those were being monitored back then? Way back in the 80's I remember learning about that spray that turned paper translucent so they could read what was written without opening the envelope. I remember learning about the system that listened to every phone call made over copper wires that could pick out certain words and notify someone if key words were said in a phone call. I also remember learning that a really long time ago, a past President authorized the copying of telegraph messages for the sake of national security. The reason he doesn't know how to do his job without collecting data from everyone is because that's how they've been doing thier job for generations. We're now asking them to stop doing something they've been doing for decades. Go back and watch "Enemy of the State" which was made in 1998 and see how much of that stuff turned out to be real. The problem isn't so much that the data is being collected. It's that there's no oversight and rampant abuses of that data.

    31. Re:Then Fire Him by Anonymous Coward · · Score: 1

      No need to think outside the box.

      How is one of America's top spy masters supposed to collect clandestine information?

      With spies/agents/informants.

    32. Re:Then Fire Him by chispito · · Score: 1

      you listen to truly public chatter

      Good luck defining that.

      --
      The Daddy casts sleep on the Baby. The Baby resists!
    33. Re:Then Fire Him by ganjadude · · Score: 1, Troll

      no but profiling does work. Look at the airport in israel, they do backround checks before you get to the airport, they do indeed profile, and yet getting on and off a plane there is night and day as opposed to america. Profiling does indeed work, is it perfect? of course not but if I see 2 men one in a business suit and another with pants sagging below his ass a ball cap turned to the side and tattoos on his face, and im told one of these 2 people is going to rob the store, plain and simple I am going to talk to the man in the ballcap and baggy pants first

      --
      have you seen my sig? there are many others like it but none that are the same
    34. Re:Then Fire Him by Archangel+Michael · · Score: 1, Troll

      Tim McVeigh was a patsy.

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    35. Re:Then Fire Him by cHALiTO · · Score: 2

      Do you really think mass surveillance has anything to do with "terror" instead of mainly industrial espionage to boost your country's (and campaign contributor's) business.

      --
      "Luck is my middle name," said Rincewind, indistinctly. "Mind you, my first name is Bad." -- Terry Pratchett
    36. Re:Then Fire Him by spacepimp · · Score: 3, Insightful

      Cell phone call and location data is not part of the internet. Nor are your purchasing habits. Tracking GPS data and cellular location is also not part of the internet or communication. They take it none the less.
      They are following much more than communications they are tracking your existence.

    37. Re:Then Fire Him by Archangel+Michael · · Score: 3, Insightful

      I'm sorry, you see a difference between Socialism and socialism slow? Because I don't. The two parties are more closely aligned than either of them admit. To the point where I can't tell the difference sometimes. GWB was worse than BHO, except on the things BHO is worse on, than GWB. In both cases, we haven't stopped the "worse" of either, and haven't held on to the "good" side of either.

      The only difference is the rate we progress towards tyranny.

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    38. Re:Then Fire Him by jader3rd · · Score: 4, Funny

      From what I've seen, people are either apathetic or support it. As it turns out, people in the "land of the free" don't actually care about freedom all that much.

      It's because that by and large the status quo has been awesome for so long that we'd rather have continuity than freedom++.

    39. Re:Then Fire Him by erikkemperman · · Score: 4, Insightful

      It will be interesting to see how much of a role these issues will play in the next election cycle.

      For that to work, though, there will have to be at least one party who makes it an issue to curb this nonsense. I for one am not holding my breath.

      --
      Gosh, thanks. That must be why the other ships call me Meatfucker -- GCU Grey Area (Eccentric)
    40. Re:Then Fire Him by Anonymous Coward · · Score: 3, Funny

      I know, f-ing Republicans and the tea-party nanny state. I'm doing my part by voting Democrat across the board. Maybe the Dems can turn back the tide with the mid-term and get rid of some of these coddling Republican policies!

    41. Re:Then Fire Him by bill_mcgonigle · · Score: 3, Interesting


      Is he doesn't know how to do his job without violating all our rights then he should be replaced.

      He doesn't even know what the job is, apparently - "connect the dots" is an absurd metaphor, and doesn't work in the real world.

      It sounds like he's not even qualified. Metadata equals surveillance, and he's pretending that it's somehow strange that people don't expect their government to surveil their ever action.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    42. Re:Then Fire Him by ganjadude · · Score: 1

      well saidbut I like to take his words a step further

      we cant work without the collection of metadate

      My response is ok, then we dont need the NSA

      --
      have you seen my sig? there are many others like it but none that are the same
    43. Re:Then Fire Him by Anonymous Coward · · Score: 0

      *butt emits gas, is a cow*

    44. Re:Then Fire Him by Anonymous Coward · · Score: 5, Insightful

      Hey here's some REALLY out of the box thinking.
      Why not have a foreign policy that isn't riddled with imperialist psychopathy.

    45. Re:Then Fire Him by Anonymous Coward · · Score: 0, Redundant

      Funny how "thinking outside the box", a typical empty buzzword ridiculed when used by the average PHB, is now worthy of "insightful" moderation when it supports the great anti-NSA circlejerk.

    46. Re:Then Fire Him by Anonymous Coward · · Score: 0

      Judging from the massive programs, he did think outside of the box. You can't call those systems uncreative by any means.

    47. Re:Then Fire Him by Anonymous Coward · · Score: 0

      They all thought nuclear arms would be the end of the world...but really, it was the soccer moms...

    48. Re:Then Fire Him by Anonymous Coward · · Score: 0

      You might get a stipend in yen.

    49. Re:Then Fire Him by Anonymous Coward · · Score: 0

      >they'd be too smart to take the job.

      You know, I've seen a lot of my grad student peers apply for government jobs only not to get them. Smart people would like to help but the system is set up against it. For instance, say you're a Ph.D. student that wants to work for the Army research labs. It's a cool job and you can help your country.... But you can't start the application process for the job until you actually have the degree and the application process takes months. This practically guarantees that you won't apply at all unless you've found yourself unemployed.

    50. Re:Then Fire Him by Anonymous Coward · · Score: 0

      He works for the NSA he doesn't need a probable cause or a warrant. in fact even if he had one it would be meaningless. his job is to spy. but he isn't supposed to be spying on americans. he is supposed to be spying on the rest of the world, but now they are spying on everyone.

    51. Re:Then Fire Him by Anonymous Coward · · Score: 0

      My question: Why hasn't an anarchist hacker group hacked in and deleted everything/melted the drives?

      Seems kind of odd that people would waste their time ddos'ing sites for reasons those sites can't control but would pass up a target this juicey which actually deserves it...

      Zero Cool is shaking his head right now...

    52. Re:Then Fire Him by Anonymous Coward · · Score: 4, Interesting

      My guy is the one telling them to stop. I should vote him out? In fact both of my senators are part of major consumer protections and privacy initiatives. Other people vote in stupid ideologues. I honestly don't mind smart ones, but when you're voting for people who think women parts have rape defense mechanisms, that's not on me. When you have people that block functioning government because they disagree with government, what the heck does that have to do with me who votes in people to make government better? when you have party members on national television that they are trying to stop blacks from voting because it prevents democrats from voting, please again tell me how I am supposed to fix other people voting for intellectual midgets? This isn't to say all the people on my side are smart or all the people on the other are dumb, but right now, the preponderance of bad rests with the anti-science, fox new watching part of the country.

    53. Re:Then Fire Him by Anonymous Coward · · Score: 1

      Here's out of the box thinking. How about we all admit that even with near-total surveillance, something like the Boston Marathon attack can still happen, and that there is a finite limit to the safety even the most expansive surveillance regime can supply, and therefore stop pursuing goals whose ultimate destination is reduced liberties with little in the way of reduction in risk.

      You must be mistaking risk reduction with the pressure to create jobs.

      This stopped being about "safety" long ago.

      The attacks in Boston put a punctuation on that as we watched the city turn into something straight out of the movies as 100,000 law enforcement personnel came out of fucking nowhere within hours.

    54. Re:Then Fire Him by Anonymous Coward · · Score: 2, Insightful

      And a catholic who advocated, and participated in, local terrorism. You don't hear these politicians or "real americans" declaring every catholic a terrorist, do you? Had McVeigh been a muslim, or some other non-christian based religion, it would be mentioned every time his name was.

    55. Re:Then Fire Him by Anonymous Coward · · Score: 0

      My question: Why hasn't an anarchist hacker group hacked in and deleted everything/melted the drives?

      Easy. They're behind 7 proxies.

    56. Re:Then Fire Him by lister+king+of+smeg · · Score: 5, Insightful

      you listen to truly public chatter

      Good luck defining that.

      its not that hard.

      slashdot or other forum == public
      my xmpp sessions == private
      public irc == public
      voip == private
      publicly open chat room == public
      facebook chat == private
      anything on facebook marked as friends only or private == private
      anything on facebook marked as public or everyone == public
      twitter == public
      email == private

      --
      ---Saying gnome 3 is better than windows 8 not so much a compliment as it is damning with light praise.
    57. Re:Then Fire Him by tqk · · Score: 0

      I know, f-ing Republicans and the tea-party nanny state. I'm doing my part by voting Democrat across the board.

      You should seek professional help. Damn, some of you Yanquis are mixed up.

      --
      "Tongue tied and twisted, just an Earth bound misfit ..." -- Pink Floyd.
    58. Re:Then Fire Him by Anonymous Coward · · Score: 2, Funny

      God yes, please, we need at least 50 more anecdotes from unsocialized nerds explaining what's really going on in the minds of the general populace

      After all, you're indubitably the expert!

    59. Re:Then Fire Him by Anonymous Coward · · Score: 0

      I for one am not holding my breath.

      And I for one salute our breath holding overlords!!!

    60. Re:Then Fire Him by cheekyjohnson · · Score: 1

      what's really going on in the minds of the general populace

      That's easy:

      --
      Filthy, filthy copyrapists!
    61. Re:Then Fire Him by Anonymous Coward · · Score: 0

      In Soviet Russia, breath holds you!

    62. Re:Then Fire Him by Anonymous Coward · · Score: 0

      And if anything is posted online, emailed, or talked over on a cell phone, or in person, then you get sent to Gitmo as a "terrorist collaborator"... It makes revolt or any meaningful action too risky. Even if you start talking to other people about the problem, then it will turn out those people you talk to are undercover agents trying to entrap you.

      Because every poster on slashdot or facebook is it GITMO now? Gimme a f'n break. Unless you collaborate to cause violence against the government or people no NSA agency is going to do a thing about your right to assemble.

      This is the other side of the problem. People seem to think that by monitoring communications the government is going to lock you up. Maybe in CHINA but not in the US. Hell, you have a better chance of going to jail in the UK.

    63. Re:Then Fire Him by Anonymous Coward · · Score: 0

      Old fashioned detective work? Surely you jest. (Stop calling me shirley). You actually expect that we can do real detective work when we can't profile people? The PC crowd keeps poking at us when we look at a given group, say, arab men ages 18 to 40. So in order to show how "fair" we are, we need to look at everyone's metadata. After the have the data, we can filter it as we see fit and no one will know we're profiling. Oddly enough, when looking for a needle in a haystack, you need more hay.

      Profiling is just another form of indiscriminate metadata.

      To do a really effective job, pay attention to the people, not the groups. Not every Muslim out there is "Death to America". Not every Anglo-Saxon granny is "Apple Pie". Tim McVeigh was as white-bread USA as anyone, but if the proper people had been listening to him, he would have had a lot more trouble doing what he did. Otherwise you're just playing the odds.

      We haven't been able to get ride of racism in America after 50 years yet you expect ethnic groups responsible for 9/11 will suddenly be free of discrimination? Get real. It takes time...a lot of time. If you don't like it, then blame the people who caused the problem in the first place.

    64. Re:Then Fire Him by Anonymous Coward · · Score: 0

      We've got centuries of history defining it. Your confusion does not equate to a lack of legal precedent.

    65. Re:Then Fire Him by GameboyRMH · · Score: 1

      Take them away!? That would take them from zero to bloody revolution in under 3 seconds. Just trying to force them to be more responsible with their guns will get them riled up.

      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
    66. Re:Then Fire Him by GameboyRMH · · Score: 2

      So they're Wyden and...who?

      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
    67. Re:Then Fire Him by Mashiki · · Score: 3, Interesting

      Yep profiling does work, the problem is the people who see it as "racist" whine and cry about it. It's the same type of people who whine and complain when police profile a known group, because they're the main instigators of specific types of crimes. In Canada we use profiling in police work, at the airports, and at border checkpoints. It's not perfect, but it does a much better job then "just a hunch."

      --
      Om, nomnomnom...
    68. Re:Then Fire Him by GameboyRMH · · Score: 2

      The Israelis DO NOT have an official policy of racial profiling. They use behavioral profiling.

      And they are very serious about security, I doubt they'd do something as stupid and counterproductive as racial profiling. If they're really good, anyone suspected to be doing so on the lowdown would be warned and eventually sacked.

      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
    69. Re:Then Fire Him by TangoMargarine · · Score: 1

      (A) Promises to address the issue, (B) actually does do something like they said they would, and (C) does something effective instead of firing a couple peons or intentionally screwing us over more in a different way to make it look like they're helping.

      Yeah, me either.

      --
      Unity? Screw that: XFCE. Slashdot Beta? Screw that: SoylentNews. Australis? Screw that: Pale Moon. UX developers DIAF
    70. Re:Then Fire Him by ganjadude · · Score: 2

      where did i say RACIAL... I simply said PROFILING. and I did NOT bring race into the statement period. YOU are the one who jumped to the conclusion I was talking about racial profiling, which I was not. your attitude is the reason we cant profile correctly.

      --
      have you seen my sig? there are many others like it but none that are the same
    71. Re:Then Fire Him by Anonymous Coward · · Score: 0

      No dammit, those are the freedoms they hate us for! The freedoms to be imperialists and psychopaths! Those are the freedoms we have to maintain and expand at the cost of all others!!!

    72. Re:Then Fire Him by curunir · · Score: 1

      I don't have a problem with him not knowing how to do his job, I have a problem with him not understanding what his job should be. His whole argument is begs the question, do the dots even need to be connected?

      We can live with a certain level of unconnected dots. Terrorist attacks may go up, but they're such an insignificant danger to us, that an increase in terrorism won't register when compared to the things we should actually be afraid of. The absolutist thinking behind needing to prevent the bad guys from doing bad things at all costs is what needs to change. We need to switch to a mindset of needing to prevent as much as is possible within the rules of our society.

      We need someone in his job who understands that it's okay to fail if the failure happens for the right reasons.

      --
      "Don't blame me, I voted for Kodos!"
    73. Re:Then Fire Him by Anonymous Coward · · Score: 0

      The Israelis DO NOT have an official policy of racial profiling. They use behavioral profiling.

      Riiiight. Behave like a jew and you're ok. Behave like a arab and you're you'll have trouble. But that's not racist, it's behavior based!

    74. Re:Then Fire Him by GameboyRMH · · Score: 2

      I didn't jump to that conclusion, I took it from the context of the rest of the discussion and even your own post (profiling based on appearance, which isn't part of behavioral profiling). If you were referring to behavioral profiling specifically then you're right but you should be more clear about that.

      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
    75. Re:Then Fire Him by GameboyRMH · · Score: 1

      That's not their official policy. I'm not saying there's no racial profiling going on, I don't know if there is and I wouldn't be too surprised if there was...but that's not their official policy.

      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
    76. Re:Then Fire Him by NotSanguine · · Score: 1

      Outside the box, how about inside the box!

      What is wrong with good old fashion detective work? You get tips from people you follow them up, you listen to truly public chatter learn who the malcontents are and infiltrate their groups, etc.

      All things police and spy agencies have been doing as long as they have existed and it worked without with to a large degree without global privacy shredding mass data collection. Is it likely to be as "effective" my guess is probably not as effective as mass surveillance can be but then again there is little evidence to suggest the the mass surveillance has worked so well, I mean people are still going abroad to meet with terror organizations come home and then sneak bombs on planes; they have just failed to detonate.

      Its a question of finding balance: risks, costs, and rewards. The real solution is we need to start getting rational about that.

      This. I'd point out that several US law enforcement and intelligence agencies had identified a number of the 9/11 hijackers as potential threats *months* before 9/11. The problem wasn't that they couldn't find these guys, it was because they couldn't find their ass with both hands and a mirror.

      Ensuring competency makes sense, trampling on the Bill of Rights does not.

      --
      No, no, you're not thinking; you're just being logical. --Niels Bohr
    77. Re:Then Fire Him by cayenne8 · · Score: 0

      Unless you want to take away a few guns, then that is all they care about.

      Hey, at least some of the citizens are adament about keeping some rights, rather than lose them all to the ever extending hand of the feds.

      Maybe instead of bitching about it..build upon support for keeping the 2nd amendment, and then trying to re-strengthen the other amendments and Constitution as a whole and try to gain back the freedoms that are being whittled away...?

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    78. Re:Then Fire Him by Barlo_Mung_42 · · Score: 1

      Yep. We didn't even know this was going on until recently. We as a general populace have zero say in how the NSA is run. The best we can do is vote for some who says they will make changes only to watch them not make those changes.

    79. Re: Then Fire Him by Anonymous Coward · · Score: 0

      Problem is you're getting freedom--, not continuity.

    80. Re:Then Fire Him by aztracker1 · · Score: 4, Insightful

      I just want the gun toting libertarians and the pot smoking libertarians along with the tea party guys, and the occupiers to all come together.. toss out the vegans and religious nuts, and you'd get some pretty strong coverage with about 95% agreement.

      --
      Michael J. Ryan - tracker1.info
    81. Re:Then Fire Him by pnutjam · · Score: 2

      The Dems aren't perfect, but at least they aren't kowtowing to a radical fringe group in their own party. The Tea Party is a sizable MINORITY of US voters, less then 20%, probably less then 10%. Stupid incumbents shot themselves in the foot with their gerrymandering.

    82. Re:Then Fire Him by dnavid · · Score: 5, Insightful

      The problem is that Americans condone this behavior as a general populace..

      It's more along the lines of not understanding fully whats going on and people feeling powerless to do anything about it.

      The problem goes farther back than that. Post 9/11, people were outraged that the government didn't do enough to prevent the 9/11 attacks when it was "obvious" the terrorists involved were a threat. The NSA's "job" wasn't always to perform threat detection: its original job was to secure the communications of the United States and to perform counter-intelligence operations. The NSA and other intelligence agencies perform the level of surveillance they do because we *told* them to do so, in the post 9/11 world. We told them it was their fault 9/11 happened, and it was their responsibility to ensure it doesn't happen again.

      Our problem is that they believed us. And when you think its your job to prevent thousands of people from being murdered, lots of things seem much less important when weighed against that responsibility.

      Its not enough to just say "stop violating my rights and privacy." We have to clearly define again what the responsibilities of the government actually are to protect us from such threats, and what risks we're willing to accept and not bitch about. Otherwise we'll just bounce endlessly between being outraged at what the government does and outraged at what the government fails to do. We have to choose, and honor that choice. We have to push to unwind the progressive increase in surveillance *and* not punish the government when that lack of surveillance fails to prevent a bad thing. We must support both the good that choice grants and the bad that choice generates.

      We have to do something ultimately few people are genuinely willing to do. We have to tell the government they aren't responsible for preventing every single bad thing in the world. That is the only way we can revoke their right to do whatever it takes to attempt to achieve that impossible goal. Until we do, they will likely continue to push the envelope of what is legal. And collecting metadata is not clear-cut illegal. In fact, the Supreme Court has ruled it legal in the past. But even if we pass a law making it illegal, so long as the people who work at these intelligence agencies believe the American people have made it their legal and moral responsibility to do *everything* possible to prevent catastrophes, they will always find a way to push the envelope.

      If I'm being honest with myself, if I was told that, so would I.

    83. Re:Then Fire Him by pnutjam · · Score: 1

      If only those gun nuts were interested in other rights... (oops, I meant "others rights")

    84. Re:Then Fire Him by Anonymous Coward · · Score: 0

      We don't know that they haven't already played a role in an election. Did Obama win because the people wanted him or because the NSA wanted him?

    85. Re:Then Fire Him by cheekyjohnson · · Score: 3, Insightful

      We're now asking them to stop doing something they've been doing for decades.

      Good. The amount of time they've been infringing upon people's freedoms is irrelevant to whether or not they should stop.

      And it's not that they don't know how to do their jobs properly; they just don't want to.

      The problem isn't so much that the data is being collected.

      I believe you are wrong, as I think the mere collection of this data is an abuse in and of itself. No amount of oversight would change my opinion.

      --
      Filthy, filthy copyrapists!
    86. Re:Then Fire Him by zeugma-amp · · Score: 1

      I'm sorry, you see a difference between Socialism and socialism slow? Because I don't. The two parties are more closely aligned than either of them admit. To the point where I can't tell the difference sometimes. GWB was worse than BHO, except on the things BHO is worse on, than GWB. In both cases, we haven't stopped the "worse" of either, and haven't held on to the "good" side of either.

      Agreed. Republicans want to take away certain aspects of your liberty. Democrats want to take others. Neither has any desire whatsoever to actually increase liberty, because that would mean they would lose that much more control over your lives.

      Both parties are two sides of the same coin.

      We should just start referring to the 'two' political parties in America as the Janus party.

      --
      This is an ex-parrot!
    87. Re:Then Fire Him by Anonymous Coward · · Score: 0

      people were outraged that the government didn't do enough to prevent the 9/11 attacks when it was "obvious" the terrorists involved were a threat.

      Barring a constitutional amendment, neither the people nor the government have the power to take away people's rights, even if the reason for doing so is in the name of safety. There is no excuse. There is no excuse for the people who wanted this to happen. There is no excuse for the government. There is no excuse for the people at the NSA.

      If I'm being honest with myself, if I was told that, so would I.

      Then you are immoral. You should not work for such crooked organizations to begin with.

    88. Re:Then Fire Him by cheekyjohnson · · Score: 1

      Look at the airport in israel

      Looks like an intrusive pain in the ass. I want nothing to do with it, just like I want nothing to do with the TSA. The government just needs to vanish from airports.

      --
      Filthy, filthy copyrapists!
    89. Re:Then Fire Him by cheekyjohnson · · Score: 1

      If you don't like it, then blame the people who caused the problem in the first place.

      The attacks were their fault, but they do not control what goes on in other people's minds. If someone is racist, then that is their own problem.

      --
      Filthy, filthy copyrapists!
    90. Re:Then Fire Him by CrimsonAvenger · · Score: 1

      I am not against the collection of data from an individual, targeted with reason, and with proper due process, such as a warrant.

      And if you're paying attention, NOONE ELSE is against that either.

      What we oppose is the warrantless wiretapping of basically everyone in the world, which is what the NSA is saying is absolutely mandatory to do its job....

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
    91. Re:Then Fire Him by ganjadude · · Score: 1

      to be fair, I used words that would elicit a response based on ones inside notions. Your response (and I mean no offense whatsoever) is a clear case of biases out there today that have been hammered into our skulls by the media and politicians. When we talk about profiling in america, it ALWAYS jumps to race (kind of like everything in america it seems) where as I specifically did not use race only appearances because in the words of stephen colbert, I dont see color.

      what this does is allow the reader of my post, in this case you form a conclusion based on your experiences that say when talking about profiling, it is about race. I bring up israel because they do profile, and they admit it and are proud of it, but they dont racial profile

      --
      have you seen my sig? there are many others like it but none that are the same
    92. Re:Then Fire Him by ganjadude · · Score: 1

      Clearly you have never been to israel if you believe that. Perhaps you should talk to some people who have been and say that while they spend hours in lines getting searched left and right in america, they walk in and are on a plain in 30 minutes in israel. But no, its an intrusive pain in the ass...
      I do agree with you on the last part though, get rid of the TSA and get rid of the government at airports and allow the airlines to run security as they see fit, and allow passangers to decide if they want the extra protection of a finger in the ass, or they want to "risk it" and just walk on up and get in a plane. Let the people decide what they want with their wallet

      --
      have you seen my sig? there are many others like it but none that are the same
    93. Re:Then Fire Him by cheekyjohnson · · Score: 1

      Clearly you have never been to israel if you believe that.

      In Israel, the government is in the airports, which is the opposite of what I want. Their strategy is to selectively harass people and perform intrusive background checks, and I approve of neither of those things.

      --
      Filthy, filthy copyrapists!
    94. Re:Then Fire Him by Anonymous Coward · · Score: 0

      Or, even not doing his job and not violating our rights.
      No one in the Obama Regime is held responsible so doing nothing means he won't lose his job.

    95. Re:Then Fire Him by Anonymous Coward · · Score: 0

      We don't just "feel" powerless, we are powerless to do anything about it.

      If you seriously believe that your vote does anything but support the paper shredder industry, or supplement some fat cat's toilet paper allotment, I'd love to live in your fantasy world of sunshine and dancing flowers.

    96. Re:Then Fire Him by Anonymous Coward · · Score: 0

      Yes, because that is the main and/or only reason that terrorists exist, and they only exist in the United States of America.

    97. Re:Then Fire Him by Anonymous Coward · · Score: 0

      > This is the other side of the problem. People seem to think that by monitoring communications the government is going to lock you up.

      Actually, you've unintentionally hit on a major part of the problem... the NSA isn't doing much now that they haven't done for the past 50 years, but 50 years ago the FBI and local law enforcement agencies couldn't go on casual data-mining fishing expeditions through petabytes of data conveniently collected by the NSA. Part of the unwritten social contract that's generally been accepted for the past century or so is that the government might have access to intelligence info it probably shouldn't, but it's only going to use it to stop terrorists from blowing up bridges and go after pedophile murderers. The problem is that there's now increasing pressure from law enforcement to let them start datamining for less serious offenses.

      Imagine the outrage, for example, if a city like New York or Chicago (with large-scale networks of cameras recording 24/7) were to have a 72-hour "virtual dragnet" whereby they collected all the data they could for some 72-hour window of time 3-4 years ago, then combed through it attempting to identify anyone who might have made contact with a prostitute or drug dealer, tracking them backwards via the same cameras to their cars, then doing more mining of traffic/redlight/toll cameras & records, then went out and arrested 14,000 people knowing fully well that 9,000 would be immediately sent home by the judge when the DA failed to produce anything more than circumstantial evidence of victimless crime, another 5,000 would probably suffer some degree of reputational or financial harm, and a few hundred of the remainder would get raked through the coals before most plea-bargained, and the remainder managed to get the charges dropped after spending $250k in legal fees.

      It's the same deal with red light cameras. If they were used ONLY to give tickets to people who intentionally blew through a red light at some point when there were actually other cars on the road, nobody would object to them. When they start issuing 39,000 tickets per week for things like failing to come to a complete stop with the front bumper at least 1mm behind the white line, and remain at a complete stop for at least 3 seconds (despite there being no actual law dictating that particular threshold), people get pissed.

      Getting back to the NSA example, we just don't trust them anymore to keep that data to themselves. There's too much potential "profit" in the form of low-hanging fruit for prosecutors eager to score easy convictions for anything they can for anybody sane to trust them without strong controls to ensure that the data they collect can't be casually made available to law enforcement to crack down on things like jaywalking. Part of the problem is that in the US, our prosecutors have too much power and nearly-unlimited resources. We tolerate it partly because of the belief that everyone is innocent until proven guilty, while ignoring the real-world consequences of staggeringly-asymmetric resources between prosecutors and defendants.

    98. Re:Then Fire Him by chispito · · Score: 1

      its not that hard.

      slashdot or other forum == public my xmpp sessions == private public irc == public voip == private publicly open chat room == public facebook chat == private anything on facebook marked as friends only or private == private anything on facebook marked as public or everyone == public twitter == public email == private

      All nice, but what about when the public thinks they are engaging in private conversations, but aren't? Consider all the flack Google caught because they captured a few seconds of network traffic from unencrypted networks as they drove by. You know, information people were broadcasting in the clear.

      --
      The Daddy casts sleep on the Baby. The Baby resists!
    99. Re:Then Fire Him by Anonymous Coward · · Score: 1

      Will the both of you stop letting rationality get in the way of my political agenda? I have a status quo to meet over here!

    100. Re:Then Fire Him by Anonymous Coward · · Score: 0

      Hey, at least some of the citizens are adament about keeping some rights, rather than lose them all to the ever extending hand of the feds.

      Maybe instead of bitching about it..build upon support for keeping the 2nd amendment, and then trying to re-strengthen the other amendments and Constitution as a whole and try to gain back the freedoms that are being whittled away...?

      If I had mod points, I'd give them all to you.

    101. Re:Then Fire Him by Anonymous Coward · · Score: 0

      From what I've seen, people are either apathetic or support it.

      Then you must be blind. Just look at some comments on Slashdot for one.

    102. Re:Then Fire Him by shadowofwind · · Score: 1

      Seems to me you give up too much by tossing out vegans and religious nuts. As a right-leaning, freedom loving vegan, I don't see why I bring less to the table than pot smoking libertarians. Also, a significant portion of the religious right aren't a problem either, they've been caricatured by leftist agnostics who don't understand their way of thinking and lump them in with the bigoted, anti-science variety.

    103. Re:Then Fire Him by Anonymous Coward · · Score: 0

      The Dems aren't perfect, but at least they aren't kowtowing to a radical fringe group in their own party. The Tea Party is a sizable MINORITY of US voters, less then 20%, probably less then 10%. Stupid incumbents shot themselves in the foot with their gerrymandering.

      I don't know about that. Ignoring the constitution seems pretty radical/fringe to me. Seems like the Democratic majority voted the radical Dems into office.

      Most of the GOP holding office seem to be trying to average their political positions between the Democratic majority voters and their on Republican constituents while the radical right gripes at them.

      I'd be happy if we returned to a proper constitutional republic.

    104. Re:Then Fire Him by noh8rz10 · · Score: 1

      To a certain extent I agree with you, but I would point out that there hasn't been a major election since the majority of this news broke. It will be interesting to see how much of a role these issues will play in the next election cycle.

      I bet Obama won't be reelected! Bites him in the butt.

    105. Re:Then Fire Him by nospam007 · · Score: 1

      " Nowhere in the Bible is it written go and kill the non believer. "

      Deuteronomy 17
      If there be found among you, within any of thy gates which the LORD thy God giveth thee, man or woman, that hath wrought wickedness in the sight of the LORD thy God, in transgressing his covenant; 17:3 And hath gone and served other gods, and worshipped them, either the sun, or moon, or any of the host of heaven, which I have not commanded; 17:4 And it be told thee, and thou hast heard of it, and enquired diligently, and, behold, it be true, and the thing certain, that such abomination is wrought in Israel; 17:5 Then shalt thou bring forth that man or that woman, which have committed that wicked thing, unto thy gates, even that man or that woman, and shalt stone them with stones, till they die.

    106. Re:Then Fire Him by noh8rz10 · · Score: 1

      if I see 2 men one in a business suit and another with pants sagging below his ass a ball cap turned to the side and tattoos on his face, and im told one of these 2 people is going to rob the store, plain and simple I am going to talk to the man in the ballcap and baggy pants first

      What will you talk about, ganjadude? Exchange tips?

    107. Re:Then Fire Him by rossz · · Score: 1

      The question shouldn't be "how to spy on Americans with violating our rights?" The question to ask is, "why the fuck are you conducting massive spying on Americans?"

      --
      -- Will program for bandwidth
    108. Re:Then Fire Him by reboot246 · · Score: 0

      What is the percentage of voters who can spell "than"?

    109. Re:Then Fire Him by Anonymous Coward · · Score: 0

      You get the Government you deserve as at the simplest level you enable it.
      Sigh, Europe's Karma must be really bad to get Americans.

    110. Re:Then Fire Him by Anonymous Coward · · Score: 0

      nice try

      http://bustedhalo.com/questionbox/why-doesnt-the-catholic-church-recognize-the-king-james-version-of-the-bible

    111. Re:Then Fire Him by Anonymous Coward · · Score: 0

      unencrypted traffic over the open airwaves when you only have to check a box to enable encryption is clearly public. thats different than, say, cellphones, which i hope are encrypted but i personally have no control over whether it is or not. i cant use factory-provided options to set whether or not my cellphone calls are encrypted or not, like i can with my wireless router.

    112. Re:Then Fire Him by jonwil · · Score: 1

      How many people only support it because they have been force-fed FUD and propaganda by the media along the lines of "if we dont spy on everyone, the terrorists win"? (and all attempts by sane people to convince them otherwise are ignored because they believe the talking head on the idiot box more than their close friends)

    113. Re:Then Fire Him by Anonymous Coward · · Score: 0

      Umm, if you believe that terrorist crap your are a fool, the cold war is over, and do not forget the US has human spies just about everywhere, where the US is concerned about threats from enemy countries. And there not going to be American born, obviously that defeats the purpose.

      I'm not sure how you really feel about your statement, or if your just pointing out the status quo as to why what is happening with spying agencies is because of 9/11. They knew of the plot, and a plot of that scale isn't going to go unnoticed. The FBI, CIA and NSA knew of the plot for at least 5 years before it happened.
      This is the same propaganda Nazi Germany or Hitler pulled off on its own country to get wide spread support from the German people, to go to war with other countries, he would cut deals with countries for there resources then have certain German towns bomb and blame it on say Sweden.

      Terrorism at the scale you see it in the middle east would be going on here long before 9/11, it is far harder to detect small scale attacks, then a massive 9/11 plot. And another point these terrorists know they were being watched long before 9/11 and since and they know ways to communicate without using wired/wireless devices, and if they do they know how to block any interceptions of those communications.

      At least take that into consideration, because I take your statement the same, not really sure which is right maybe a combo of both, but I was raised never to believe US government propaganda, and that is exactly where all of this pre and post 9/11 stuff is coming from.

    114. Re:Then Fire Him by Anonymous Coward · · Score: 0

      Luckily, we have a media which focuses on carefully chosen wedge issues to ensure this political alliance doesn't happen.

      If they could get over the difference in terminology, libertarians and occupiers would agree that we have a problem with too much centralized power. But with each side listening to their own biased news sources, instead they end up arguing over which head of the beast is worse (huge size companies vs. the federal government). Libertarians end up thinking occupiers hate all business, and occupiers end up thinking libertarians want anarchy. In practice, occupiers have no problem with the corner pizza shop and libertarians are all for a level of government which ensures a level playing field.

    115. Re:Then Fire Him by Anonymous Coward · · Score: 0

      Re that " ... 95% agreement" Absolutely right. I know that's true becuz I want it to be true. And anyone who thinks otherwize is a soshulistic nanny-sucking, commonist.

    116. Re:Then Fire Him by Anonymous Coward · · Score: 0

      Why are you profiling hay? The needle shouldn't be looked for only in hay. You must look through the pig poop and the pumpkins and the corn and the gasoline just as much as the hay, to be fair to the hay.

    117. Re:Then Fire Him by pepty · · Score: 1
      But you agreed to waive your privacy when you signed up for facebook, many email services, and quite possibly some VOIP services. Those services declare from the get go that third parties are allowed to monitor and monetize your communications to a greater or lesser extent. That in turn rules out expectations of privacy as far as federal "law enforcement" goes.

      Wired phone calls == private.

      letters sealed in an envelope == private..

      wireless phone calls == private-ish...

      stuff involving a third party parsing your communications (i.e., the internet) == public..

    118. Re:Then Fire Him by pepty · · Score: 1

      It's not impossible, just much slower if you respect privacy. Start with narrowly defined warrants. Only grab content that matches the warrant. Only start grabbing data after the warrant is issued. Don't keep or examine any data that doesn't match the warrant.

    119. Re:Then Fire Him by pepty · · Score: 1

      Location data is part of the internet as soon as you do something with it: i.e., plot your position on a map on the internet. Purchasing habits are on the internet if you shop on the internet or you use a credit card and the vendor uses the internet to process the transaction. Cell phone calls are on the internet if either party uses wifi or VOIP calling. I like the lines you are drawing, but I think the situation is more complicated than you acknowledge.

    120. Re:Then Fire Him by Livius · · Score: 4, Insightful

      Close. The freedoms they hate Americans for are the freedoms Americans think are theirs and no-one else's.

    121. Re:Then Fire Him by Anonymous Coward · · Score: 1

      a significant portion of the religious right aren't a problem either, they've been caricatured by leftist agnostics who don't understand their way of thinking and lump them in with the bigoted, anti-science variety.

      Not all Christian Republicans are the religious right. If they're not bigoted or anti-science, they're not the religious right. A person might be a hard-core Christian Republican, but if they believe in gay marriage and evolution, they're not who the leftist agnostics are talking about.

    122. Re:Then Fire Him by Anonymous Coward · · Score: 0

      > The NSA and other intelligence agencies perform the level of surveillance they do because we *told* them to do so, in the post 9/11 world.

      I call BS on this. We told them to *do their fucking job* because they were aware of information beforehand which, if handled correctly, may have resulted in a different outcome. Same with the Boston bombing. I really don't understand how anyone either thinks, or condones the idea that monitoring *everything done by every American citizen* somehow is a better option than focusing on people who are *likely* to be a problem, and then working outward.

    123. Re:Then Fire Him by Anonymous Coward · · Score: 0

      I'd be a whole lot more in agreement with you if the NSA people weren't abusing their power with respect to their ex- or would-be girlfriends. Although they might go above the law to enforce the law, that's not why I refer to them as "Dirty Harry".

    124. Re:Then Fire Him by Anonymous Coward · · Score: 0

      "Our Rights"

      Until "we" (US citizens) can agree what "our" (again US citizens) rights are, then maybe I'll consider your logic. One think I can tell you in a democracy, the consititution is a living document, not absolute and always subject to interpretation by it's citizens. And I doubt all US citizens agree on the policy of spying.

      Now if you're thinking non-US as 'our', then my sir, need a class in politics and law 101.

      It's that type of logic that got us in this mess.

    125. Re:Then Fire Him by Anonymous Coward · · Score: 0

      I'm gonna go ahead and guess you're not Muslim....

    126. Re:Then Fire Him by Anonymous Coward · · Score: 0

      That was a great post.

      I'd say the most worrying part of this isn't the people in the nsa or government today. This is probably wrong but, I bet that most of the people in the nsa are pushing the envelope for exactly the reasons you describe. I bet that most of them are good people just trying to do a good job. The worrying part is what about the people who get there in 10 or 20 years? The people who don't know what life was like before the internet? The people in leadership positions at the nsa today probably have a good "gut" feeling for the grey areas where it's like "yeah, it's illegal, but it's worth it". I mean think about how much crap they've been vacuuming up and how many bad things have happened as a result of them holding that information. The fact that they've been slurping it up for over a decade and there hasn't been (that we know of) some kind of giant screwup is pretty impressive and, to me, means that the people there really care about doing their mission and trying to stop bad stuff from happening.

      But, like I said, the problem is those people won't be there forever. The reason this needs to stop is because in 10 years, the people in charge will probably have a lower standard of what a privacy violation is and the "cost benefit analysis" probably won't factor in the costs as much. It's the real problem when people get too much power. It's not just the people who get the power, it's the people that inherit the power after that are the real big problem. I think this argument might be more convincing to the people in leadership positions than an argument that doesn't take into account the fact that they were asked to do much of what they're doing.

    127. Re:Then Fire Him by cheekyjohnson · · Score: 1

      How many people only support it because they have been force-fed FUD and propaganda by the media along the lines of "if we dont spy on everyone, the terrorists win"?

      Well, if they believed that nonsense, they're unintelligent. Even if the terrorists that supposedly exist would 'win', I think people should take the position that freedom is more important than security.

      --
      Filthy, filthy copyrapists!
    128. Re:Then Fire Him by cheekyjohnson · · Score: 1

      Comments on Slashdot hardly represent the general populace. If people actually cared about this issue, they would make it a top priority to vote out everyone who supports it.

      --
      Filthy, filthy copyrapists!
    129. Re:Then Fire Him by cyn1c77 · · Score: 1

      That is the cynicism that gives Americans what they have now. If every American actually felt there was a problem it would stop. The problem is that Americans condone this behavior as a general populace. So you get what you vote for. It is like the stat, "oh I hate Congress, but my guy is doing just fine, the others are the problem." RIGHT!!! It is always the OTHER...

      Bullshit idealism!

      Please tell me who to vote for so that America will stop violating my civil liberties.

      When all the politicians are colluding against the people, you can't vote for anyone. And if you try any form of civil disobedience in protest, you will immediately be persecuted. The post 9/11 paranoia will someday be right next to the Red Scare in the history books.

      This cynicism also is not isolated to the US. How is the EU doing? How about England? Russia? China? Are those people all voting incorrectly too? Or is the government just shafting them too?

    130. Re:Then Fire Him by brainboyz · · Score: 1

      Stop trying to take them and maybe they'd stop single-issue voting.

    131. Re:Then Fire Him by Anonymous Coward · · Score: 0

      Easy solution: time limit all political positions. If people could only hold positions for a maximum of say eight years before they were forced out, we'd have a far less stagnant government.

    132. Re:Then Fire Him by Anonymous Coward · · Score: 0

      It's because that by and large the status quo has been awesome for so long that we'd rather have continuity than freedom++.

      A downward spiral is continuous. National Socialism did not come out of a vacuum. It was carried by an atmosphere of general nationalism and antisemitism across all of Europe, focused by the shame from a lost war causing financial hardship and the search for scapegoats.

      Actually, very much like U.S.A. today.

      Good luck. You've had your Enabling Act already. Your police has turned into the SA, the CIA/NSA into the SS. You have your first concentration camp in Guantanamo.

      You don't get much longer to show that you are better than the Germans were at curbing fascism. How long are you going to stand watching?

    133. Re:Then Fire Him by AmiMoJo · · Score: 1

      Neither party is socialist. You have right and far-right. Most Americans seem offended by even moderately socialist ideas.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    134. Re:Then Fire Him by AmiMoJo · · Score: 1

      In a way that does offer some hope. If you could start a kind of anti-tea-party and gain similar influence over the Democrats and political narrative you could effect real change.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    135. Re:Then Fire Him by Anonymous Coward · · Score: 0

      Another way to tell the 9/11 story is:

      1) We had a working intellegence collection system.
                          (The general public flight instructors notification to the FBI)

      2) We had a good lead.
                        (Something is wrong with these guys wanting to learn how to fly without takeoffs and landing.)
                          (More recently, the Russian warning about the Boston pair.)

      3) We did nothing because there was a failure to conceive of, or pick out this new threat.
                      (So many leads, nothing to highlight the dangerous one.)

      The new system only works because it is a big highlighter pointing out folks connected to other bad guys.
                  This will help at step 3 not because we can conceive better, but because the things we have to think about are pre-filtered.
                  There are a few problems with this pre-filter.
                        1) Our trust in this non-intellegent intellegence makes us blind to things not connected to known bad guys and threat patterns.
                        2) Dumb false positives can put innocent folks through the ringer. (Like the recent no-fly list trial.)
                        3) There is a great temptation to use these extreme methods for non-terrorist issues. (See journalist sources and laundered probable cause.)

      The biggest threat here may not be the bad guys, it may be the loss of the constructive balance of power between the people and the govt.
              Perhaps an adjustment to foreign policy might lower the threat in the first place.
                    Less proactive to fix everything and in doing so make many enemies.
                    Greatly more reactive as in if you mess with us, bad things will happen to you and your firends no matter where you are.

      That said, I don't see this going away. We need serious constraints on how it works. (and especialy, how it doesn't work.)
              1) A time limit on how long information is stored. (1 year seems excessive.)
              2) Strict rules that these extreme measures are only for stopping real terrorist acts, these are forbidden fruit for putting the bad guys in jail.
              3) There need to be real consequences (jail time) for folks attempting to violate the above rules.

      The currest system is 0 for 3 in the above areas.

    136. Re:Then Fire Him by aix+tom · · Score: 1

      The problem of course is that you CAN'T have a "secret police" that spies on "the bad guys" and then forbid that police to spy on a sub-set of people. Because then "the bad guys" just set their operation up to disguise as the people the secret police is forbidden to spy on.

      You basically have three options as a country:

      1) Pay a "secret police" that does it's job, but give up your freedom.
      2) Pay a "secret police" that doesn't really do anything.
      3) Get rid of the secret police altogether..

      No amount of "getting rid of the head of the secret police every now and then as a PR stunt" changes the fact that the US is heading down option 1).

    137. Re:Then Fire Him by almechist · · Score: 1

      Yep profiling does work, the problem is the people who see it as "racist" whine and cry about it. It's the same type of people who whine and complain when police profile a known group, because they're the main instigators of specific types of crimes. In Canada we use profiling in police work, at the airports, and at border checkpoints. It's not perfect, but it does a much better job then "just a hunch."

      Could you give us some examples of the "known groups" who are the "main instigators of specific types of crime"? What groups are associated with what types of crime? Just curious.

    138. Re:Then Fire Him by Marxist+Hacker+42 · · Score: 1

      As it said in the story on auto driving cars- he should just ask taxi drivers.

      --
      SJW: a person who perceives an injustice, and while correcting it, commits a greater injustice.
    139. Re:Then Fire Him by Anonymous Coward · · Score: 0

      Is he doesn't know how to do his job without violating all our rights then he should be replaced.

      Yes we need much more transparency, however instead of using metadata you would use ....?
      What technical solutions would you propose? We need legislative reforms for redress, transparency, better access
      through FOIA, strong limits on contractors clearances and greater regulation to avoid abuse from privatization,
      for the real world technical challenges though, what technical solutions could be used in place of metadata?

    140. Re: Then Fire Him by Anonymous Coward · · Score: 0

      What 'alternative party'?
      Bush implemented patriot act
      Dems renewed and extended it.
      Bush started TSA, dems fund it
      Now they're even more blatant. It use to be dems were for stealing your money to give to welfare, and repubs were for stealing your money to give to warfare.

      Now dems want war with syria and iran, an repubs want welfare for farms etc.

      Bipartisanship means they both agree to screw YOU the taxpayer

    141. Re:Then Fire Him by antdude · · Score: 1

      Those private ones can still be logged by the providers unless you and remote encrypt and decrypt off their connections and servers. :(

      --
      Ant(Dude) @ Quality Foraged Links (AQFL.net) & The Ant Farm (antfarm.ma.cx / antfarm.home.dhs.org).
    142. Re:Then Fire Him by antdude · · Score: 1

      Good luck. We are all crazy psychopaths! :(

      --
      Ant(Dude) @ Quality Foraged Links (AQFL.net) & The Ant Farm (antfarm.ma.cx / antfarm.home.dhs.org).
    143. Re: Then Fire Him by WebCowboy · · Score: 1

      Yes, fire him but not because of incompetence in his surveillance ability. He is right that he needs metadata to do his spying, but the solution he proposes--to work with big tech to figure out how to spy with less metadata--is wrong.

      The solution is to do less spying period. Put intelligence back into intelligence and target resources better, starting specific and expanding scope instead of casting the biggest net and picking through that.

      Fire him and replace him with a director that does intelligence not merely surveillance. Same goes with people who handle air travel security.

    144. Re:Then Fire Him by Anonymous Coward · · Score: 0

      I recall there was a documentary on the Israelis behavioural profiling. I'd like to learn more about it-- it sounds like the way to go.

    145. Re:Then Fire Him by lightbounce · · Score: 1

      He's leaving next spring anyway. The Obama administration has already decided he should be replaced with a four-star general or an admiral of equivalent rank. They decided this because the head of the NSA is also the head of the armed forces Cyber Command ( http://online.wsj.com/news/articles/SB10001424052702303293604579256222466393090 , paywall)

    146. Re:Then Fire Him by mcswell · · Score: 1

      I guess since no one has gotten sent to Gitmo since I don't know when, no one is posting, emailing, or using a cell phone, right? Sheez.

    147. Re:Then Fire Him by mcswell · · Score: 1

      Like Denmark's foreign policy, perhaps? Which keeps their embassies safe. Oh, wait...

    148. Re:Then Fire Him by Anonymous Coward · · Score: 0

      I just want the gun toting libertarians and the pot smoking libertarians along with the tea party guys, and the occupiers to all come together.. toss out the vegans and religious nuts, and you'd get some pretty strong coverage with about 95% agreement.

      This is something I've never understood...the depth of stupidity. If you combine those groups, you're correct, their platforms line up very nicely. The problem is, all of their arguments for change are not even wrong, so they just argue with each other ad nauseum.

      captcha: standby

    149. Re:Then Fire Him by Anonymous Coward · · Score: 0

      socialism?

      there are no major socialist parties in the USA. The only Socialist elected at the national level is bernie sanders. For some reason when people scream like chickens with their heads cut off about "socialism", for some reason his name never really comes up.

      He's the only socialist elected official

    150. Re:Then Fire Him by davydagger · · Score: 1

      or mabey, if you find someone isn't a terrorist, you apologize and help clear is name.

      not put him on a list and come back for him when your bored and need someone to fuck with

    151. Re:Then Fire Him by davydagger · · Score: 1

      if anyone remembers news coverage from that day, the news media was blaring that Osama Bin Laden was responsible for the attack.

      No one suspected McVeigh, and he would have gotten away with it, except he purposefully got caught speeding down the highway without license plates so he could ramble his anti-government manefesto in front of the camera and explain his reasonings for his anti-government crusade for the public.

    152. Re:Then Fire Him by Anonymous Coward · · Score: 0

      The NSA's "job" wasn't always to perform threat detection: its original job was to secure the communications of the United States and to perform counter-intelligence operations.

      That word doesn't mean what you think it means.

      Counterintelligence (CI) refers to information gathered and activities conducted to protect against espionage, other intelligence activities, sabotage, or assassinations conducted for or on behalf of foreign powers, organizations or persons or international terrorist activities, but not including personnel, physical, document or communications security programs.

      Source: wikipedia - purportedly: Executive Order 12333. (1981, December 4). United States Intelligence Activities, Section 3.4(a). EO provisions found in 46 FR 59941, 3 CFR, 1981 Comp., p.1

      Sure sounds like "threat detection" to me...

    153. Re:Then Fire Him by davydagger · · Score: 1

      who modded this up.

      you can never have complete security. This is a myth. The myth depends upon two false assumptions:

      1. the government if capable is always going to do their job perfectly, unbiased, and truthfully. You also expect the government to faithfully pursue threats against the general populace honestly.

      2. you expect the government to not to be the threat, in any capacity.

      both of these, in the United States, and elsewhere have been broken enough times. The government cannot provide complete security at all, no matter how many freedoms you give up, in fact there is a balance, where once they have enough power, enough secrecy, there is so little oversight the people have on the government, the government has less and less incentive to actually do the stated task of protecting the populace against threats, because there is less liability if they fail.

      We've reached the turning point. The amount of secrecy makes us LESS safe.

    154. Re:Then Fire Him by Pseudonym · · Score: 1

      If every other developed country (you know, the ones with public health systems and social safety nets) were doing more spying on their own citizens than the United States is, then you might have a point.

      But they're not. So you don't.

      --
      sub f{($f)=@_;print"$f(q{$f});";}f(q{sub f{($f)=@_;print"$f(q{$f});";}f});
    155. Re:Then Fire Him by pnutjam · · Score: 1

      Wayne LaPierre

    156. Re:Then Fire Him by Magius_AR · · Score: 1

      Please tell me who to vote for so that America will stop violating my civil liberties.

      Ron Paul certainly would have got you there.

      People like to claim there's no one out there that will shrink government or restore civil liberties, but in reality the mainstream has just scared you into not "wasting your vote" on such candidates. And so we never get any real change. Bread and circuses.

  2. LOL by Anonymous Coward · · Score: 0

    just LOL.

  3. I want an Oompah Loompah, daddy! by Anonymous Coward · · Score: 1, Funny

    I want an Oompah Loompah NOW!

  4. Simple. by Anonymous Coward · · Score: 1

    The same way we did it before we were capable of meta data collection based spying.

  5. Not possible. by Carrot007 · · Score: 5, Insightful

    He means, how can I spy without spying?

    You can't.

    --
    +----------------- | What is the question!
    1. Re:Not possible. by i+kan+reed · · Score: 1

      That's the thing though. He's asking "How can I spy without spying on a particular subset of people I'm not supposed to spy on?"

      It's like asking "How can I put my clothes in the washer without putting my wool suit in the washer?" Especially since most of us are only worried about that one t-shirt with the mustard stain, it seems particularly inane.

    2. Re:Not possible. by goombah99 · · Score: 5, Funny

      Siri, find all the terrorists in the US.

      --
      Some drink at the fountain of knowledge. Others just gargle.
    3. Re:Not possible. by wonkey_monkey · · Score: 2

      And enhance!

      --
      systemd is Roko's Basilisk.
    4. Re:Not possible. by davester666 · · Score: 1

      But I have no idea what other shirts might have touched the one with the mustard stain, unless I attach GPS trackers to all of them.

      --
      Sleep your way to a whiter smile...date a dentist!
    5. Re:Not possible. by mi · · Score: 2

      "How can I spy without spying on a particular subset of people I'm not supposed to spy on?"

      But that's the very rub... To even know, who to spy on, he has to spy on all. It used to be much harder to wage war and even to commit one-time atrocities — it used to require a state's backing. The pool of people to, possibly, have such a backing was relatively narrow.

      Not any more. Conventional explosives can be made cheaply and easily — the information on making them is easily transfered electronically (the clowns searching our data at the border-crossings are just justifying their own jobs). Deadly poisons can be created at home too — easier than growing one's own marijuana or cooking meth. Compared to such dangers, an occasional shooter — even with an "assault" rifle — that the usually libertine-minded people wish to see outlawed, are merely a nuisance.

      More importantly, a conspiracy requires communication, but it is only in the past two decades that strong encryption is available to the masses — before that it was possible to listen and read, what the suspects are saying and writing. Now, if properly done, it requires cooperation not just from the service-providers, but the suspects themselves. This was always anticipated by the government — they treated encryption as a weapon and not for nothing. When the genie was out of the lamp, Clinton's Administration — twenty years ago — tried to compel the use of NSA-approved, explicitly "backdoored" technology, but failed.

      So, given the possibility, that

      1. just about anyone may be up to no good — with means to do it;
      2. thanks to encryption, it is often technically impossible to obtain actual data — the contents of a letter or a phone call — when reasonable suspicion justifies a formal warrant;

      the only two choices remain: rely on the (legally-collected) meta-data — when was a message sent, from where, how long was it, what were the headers — collected about everyone, or simply accept the increased risks to life and health of all residents of the country.

      The second option is up to the said residents themselves (that's you and me) — whose representatives in Congress can tell the Admiral just that, if they want to. But, as long as he has that job, he sees no other way to do it, but to collect the metadata. Do you?

      None of the angry comments in this thread so far are offering a viable alternative — maybe, we really ought to stop trying to prevent a terrorist act and try to build up instead the perception, that punishment will be inevitable afterwards, for example. But NSA are currently charged with prevention...

      --
      In Soviet Washington the swamp drains you.
    6. Re:Not possible. by spacepimp · · Score: 1

      "before that it was possible to listen and read, what the suspects are saying and writing"

      Without a warrant they couldn't even open a letter because you had a right to privacy/unreasonable search and seizure, and that right still exists. That letter was encrypted by an envelope. To open that letter they needed a specific warrant for that person with a court approved reasoning. Your comment is completely and utter nonsense.

      They aren't arguing that they have the right to decrypt here. They are saying you don't have the right to an envelope and or that they should be able to open all envelopes because envelopes contain evil missives. Which means innocent until proven guilty has become. Guilty until you can prove you have nothing to hide, which of course happens too late.

    7. Re:Not possible. by Anonymous Coward · · Score: 0

      Actually the mail metadata (who has sent a letter to whom) is all on the envelope. The when part is easy, namely when it is in the mail; they even conveniently mark it with a date stamp, which also contains a rough position, namely the post office where the letter was first processed.

    8. Re:Not possible. by Anonymous Coward · · Score: 0

      Why not just enter "terrorist" in Google? If you do it in Image Search, you even get images of the terrorists!

    9. Re:Not possible. by Lloyd_Bryant · · Score: 2

      Siri, find all the terrorists in the US.

      "Found. Would you like the entire list of 572,468, or just the 3 that aren't employed by the federal government?"

      --
      Don't tell me to get a life. I had one once. It sucked.
    10. Re:Not possible. by FishOuttaWater · · Score: 1

      Exception in thread "Siri" java.lang.OutOfMemoryError: Java heap space...

    11. Re:Not possible. by mi · · Score: 1

      Without a warrant they couldn't even open a letter because you had a right to privacy/unreasonable search and seizure, and that right still exists.

      But with a warrant they could. Not any more — today practical encryption is available to all and it easy enough to use to frustrate the best decryption efforts the government currently has (otherwise they wouldn't be bothering with demands for keys, for example).

      That letter was encrypted by an envelope.

      Yes, and so it is today. The article — any my comment — are about the meta-data, which was always available on the envelope and did not require a warrant to record. NSA just did not have the means of recording all of it before (from each envelope). But we did censor some mail even before NSA was created.

      They are saying you don't have the right to an envelope

      They always had the right to read the envelope — and even the entire postal card. Worse, lower-cost "media mail" could even be legally opened and examined without warrant. Read the explanations on the EFF Privacy page.

      or that they should be able to open all envelopes because envelopes contain evil missives

      No, opening envelopes would allow them to get not just the meta-data, but the actual data (content). While the NSA may be doing that as well, the discussion is about their collection of meta-data — what's written on the "envelopes" rather than, what's inside them.

      --
      In Soviet Washington the swamp drains you.
    12. Re:Not possible. by Anonymous Coward · · Score: 0

      the most hilarious thing is that if anyone is an expert on cameras and their capabilities, it is hollywood.

      i guess they just like dreaming about their own little fantasy world where they can zoom and "enhance"

      heck if you could do that then they wouldn't need to pay cameramen they could just point a few cameras on a tripod vaguely towards the action and then do all the zooming and other camera work by computer afterwards to get the exact shot the director really wanted.

    13. Re:Not possible. by spacepimp · · Score: 1

      ""before that it was possible to listen and read, what the suspects are SAYING and WRITING"

      They couldn't read the letter without a warrant.
      They couldn't listen to a phone call without a warrant.
      They have no way of knowing what was being written without a warrant.
      They also sure as hell do not have the authority to open all envelopes and scan the contents in case they found a future reason to want to read it. Likewise they could not record all phone calls and put them in a database just in case they want to listen to them at a later date. Another thing they couldn't do is put a GPS tracker on you to collect your personal "metadata" whereabouts in case it might prove to be useful in the future.

      You can't listen to metadata. You can't read a letter without a warrant. Saying and writing are not meta-data.
      These are your words not mine. Your argument here is shifted because now neither saying/writing apply.

    14. Re:Not possible. by UnderCoverPenguin · · Score: 1

      try to build up instead the perception, that punishment will be inevitable afterwards

      Unfortunately, this won't be a deterrent. The ones like the 911 terrorists expect to die during the attack. Even if they didn't die - and don't then kill themselves - even the most humiliating public punishment would not deter others. They will just be more careful to not survive.

      Then there are the crazies. They won't even think of the consequences.

      So that leaves prevention. Most of the crazies could be dealt with by vastly improving access to mental health care. For latent malignancy cases and "professionals", detection is much harder.

      And that means the debate on what and how much data is collected and how long it is stored will continue. Also, just what the true value of any given datum. For example, the use of the terminology "friend" in social media. Or even "follower" or "contact". I think, in most cases, "monitored people" would be more accurate.

      --
      Don't try to out wierd me, three-eyes. I get stranger things than you, free with my breakfast cereal. --Zaphod Beeblebr
    15. Re:Not possible. by kawabago · · Score: 1

      A person certainly could spy without spying on me. That is what's at issue.

    16. Re:Not possible. by Anonymous Coward · · Score: 0

      That's the thing though. He's asking "How can I spy without spying on a particular subset of people I'm not supposed to spy on?"

      It's like asking "How can I put my clothes in the washer without putting my wool suit in the washer?" Especially since most of us are only worried about that one t-shirt with the mustard stain, it seems particularly inane.

      How do you determine who is eligible to be spied on? Why would you or I be so privileged that were above being spied on?

    17. Re:Not possible. by Anonymous Coward · · Score: 0

      And how do you think Siri knows? Big Data doesn't care about the Constitution.

    18. Re:Not possible. by i+kan+reed · · Score: 1

      How do you determine who is eligible to be spied on? Why would you or I be so privileged that were above being spied on?

      I'm not a huge fan on spying on everyone else in the world, but the 4th amendment would provide specific exemption to everyone in, say, the jurisdiction of the U.S. federal government. Barring a warrant, of course.

    19. Re:Not possible. by cheekyjohnson · · Score: 1

      And that means the debate on what and how much data is collected and how long it is stored will continue.

      Because people don't like freedom?

      --
      Filthy, filthy copyrapists!
    20. Re:Not possible. by ImprovOmega · · Score: 1

      The second option is up to the said residents themselves (that's you and me) — whose representatives in Congress can tell the Admiral just that, if they want to. But, as long as he has that job, he sees no other way to do it, but to collect the metadata. Do you?

      None of the angry comments in this thread so far are offering a viable alternative — maybe, we really ought to stop trying to prevent a terrorist act and try to build up instead the perception, that punishment will be inevitable afterwards, for example. But NSA are currently charged with prevention...

      I don't need to put forth an alternative. Boo-fucking-hoo if he thinks he needs this to prevent the next terrorist attack. If it's outside the bounds of the constitution as myself and many like minded individuals believe, then he is not allowed to fucking do it. I don't care if it could've prevented an attack. The odds of an attack happening are fairly slim to begin with, and even if attacks increase 1000% (to what, like 1-2 major incidents a year?) then it's worth it to keep our essential liberties intact. The things people freak out about boggle the mind. Hundreds of *THOUSANDS* of people dead to heart attacks and cancer each year, tens of thousands dead in automobile accidents, and maybe on average a couple of hundred *MAX* to terrorist attacks. Talk about disproportionate response.

    21. Re:Not possible. by Immerman · · Score: 1

      And 100% prevention is impossible, so the real question is, ho much invasive, easily abuseable monitoring of the population do we want to allow to reduce the odds of an attack by a few percent?

      --
      --- Most topics have many sides worth arguing, allow me to take one opposite you.
    22. Re:Not possible. by mi · · Score: 1

      They couldn't read the letter without a warrant. They couldn't listen to a phone call without a warrant.

      And today they can not do it even with a warrant — if trivially easy encryption was used. And that's the difference, I'm talking about.

      --
      In Soviet Washington the swamp drains you.
    23. Re:Not possible. by mi · · Score: 1

      If it's outside the bounds of the constitution as myself and many like minded individuals believe

      Collecting meta-data is not outside the bounds of the Constitution. NSA may be doing some other things, that are, but metadata collection is perfectly legal and constitutional. Most of the people would like it to be otherwise — so much so, there is talk about morale at the NSA to be dropping. But it is legal.

      --
      In Soviet Washington the swamp drains you.
  6. duh by Anonymous Coward · · Score: 5, Insightful

    you obtain the necessary warrant and then perform whatever action is necessary without breaking the law. was that so hard?

    1. Re:duh by Anonymous Coward · · Score: 0

      This is not about investigating crime. It's about figuring out which foreigners to track, then tracking them.
      We're not talking about people we have probable cause for a warrant to search or arrest.

    2. Re:duh by Anonymous Coward · · Score: 2, Informative

      They aren't actually breaking the law now with metadata collection. The courts have ruled on that. You might wish they were, but they aren't.

    3. Re:duh by war4peace · · Score: 1

      I feel that I have to put up the disclaimers first:

      #1: I'm a theorist. Think of everything below strictly as theory.
      #2: I don't live in the US - so I see things with foreigner's eyes. If I'm missing something or there's something I misunderstand, then it's not intentional.

      With that being said...
      Obtaining the necessary warrant might prove to be impossible without obtaining communication-based proof beforehand. Today, they see that 555-0101 called some number from Afghanistan 2-3 times a week during the last 6 months, and some of them came from chemical products shops, while others came from hardware stores, electronic pieces stores and the White House (during tourist visit hours) - so there are some flags raised. If they can't do that anymore, they won't know and won't be able to take the appropriate step to prevent something truly horrible from happening. Then everyone will yell that they didn't do their jobs.

      I can't say I agree with NSA's current methods, not at all. But at the same time I can't figure a better way to prevent impactful, unlawful acts from happening (from terrorism to major drug smuggling and so on and so forth). In this specific area I kind of agree with him. Is there a better way? And by "better" I don't necessarily mean "let's go full legal and there you have it" - that's probably way worse from an outcome perspective. What if (again, as I said above, theorizing here) the NSA stops collecting that data and within 3 years the amount of bombs going off increases tenfold, while at the same time drug usage increases by millions of souls, meat trafficking gets out of control, etc.? Then it will be widely regarded as being "the worst decision that could possibly be made".

      The higher national security, the greater the costs (and sacrifices of personal privacy). It's valid for pretty much every country in the world. A balance must be stricken, but weights on both platters are variable and subjective.

      I know that right now everyone and their dog is up in arms about NSA spying on citizens, which shouldn't happen, but at the same time I can't imagine any other way to tell who's the innocent citizen and who's the evil plotter who wants to blow everyone up. My trust isn't with the NSA but at the same time isn't with the Average Joe saying "you should stop it, period", either.

      --
      ...gis sdrawkcab (usually not responding to ACs; don't bother posting as AC)
    4. Re:duh by CanHasDIY · · Score: 5, Insightful

      They aren't actually breaking the law now with metadata collection. The courts have ruled on that. You might wish they were, but they aren't.

      If they're searching the communications (or "papers") of American citizens without a warrant, then they sure as hell are breaking the law, regardless of what some complicit, unconstitutional, kangaroo court has to say about the matter.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    5. Re:duh by Anonymous Coward · · Score: 2

      Courts have ruled that numerous things are legal only to be overturned. That's a shitty argument.

    6. Re:duh by msauve · · Score: 1

      cite, please

      AFAIK, the Supremes have ruled only on the metadata provided by '70's era pen registers, which provided only the time of calls and outgoing dialed numbers. The ruling was also based on an "individual's subjective expectation of privacy," something which would be reasonably present when an explicit privacy policy exists as part of the service contract (as it does with most/all phone services these days).

      --
      "National Security is the chief cause of national insecurity." - Celine's First Law
    7. Re:duh by Anonymous Coward · · Score: 1

      If the constitution can be reinterpreted by courts in a way that up means down, then the constitution is meaningless. People who believe in the fundamental importance of the constitution to avoid tyranny are entitled to say that spying on citizens without court orders goes against the fourth amendment. The constitution is a simple document, meant to convey fundamental rights and impose limitations on the power of government in a way that any citizen can understand. Its success depends, precisely, in the ability of a significant percentage of citizens to understand its content and demand adherence to its principles.

      These courts are the ones breaking the law, the most important law of them all. If people accept this rhetoric that the courts are allowed to reinterpret the constitution, then we are already living in tyranny.

    8. Re:duh by cheekyjohnson · · Score: 1

      If you can't do your job without violating people's rights (which I highly doubt in this case), then I don't think your job should exist, regardless of whether the security is effective or not. Freedom is more important than security to me.

      that's probably way worse from an outcome perspective.

      I feel this attitude is the problem.

      What if (again, as I said above, theorizing here) the NSA stops collecting that data and within 3 years the amount of bombs going off increases tenfold, while at the same time drug usage increases by millions of souls, meat trafficking gets out of control, etc.?

      What if giving the government the power to murder anyone they wanted was the only way to stop bogeymen from nuking a city every so often? Then wouldn't it be better to die while defending your principles? I'd rather not live in such extreme, ridiculous worlds to begin with.

      --
      Filthy, filthy copyrapists!
    9. Re:duh by Anonymous Coward · · Score: 4, Insightful

      Your opinion of what breaking the law is is irrelevant. Even if you think it's a kangaroo court, it doesn't matter. Courts have ruled that many forms of metadata such as GPS locations and cell phone pickups and other such things are not private communication and thus do not require a warrant. Therefore it's not breaking the law.

      The very definition of "breaking the law" means doing something against what is written in the US Legal Code within the interpretations of the courts. By that definition, they are have not broken any law.

    10. Re:duh by Anonymous Coward · · Score: 1

      This is not about investigating crime. It's about figuring out which people to track, then tracking them.

      FTFY

      The point is... We don't want the government to arbitrarily track people. That's why we have limitations on police investigative powers, on harassment, on stalking, on all kinds of things.

      We're not talking about people we have probable cause for a warrant to search or arrest.

      And that's exactly the point... We should be!

    11. Re:duh by bigpat · · Score: 1

      you obtain the necessary warrant and then perform whatever action is necessary without breaking the law. was that so hard?

      No it shouldn't be. As long as the businesses keep the records for a period of time, then you can leave them in place with the businesses until you have enough for a warrant.

      Data mining for suspicious patterns on the communications and records of millions of Americans that otherwise aren't related to any targeted persons or haven't accessed any targeted websites should be off limits.

      Also, even if we lowered the standard to something less than a warrant for foreign intelligence and terrorism cases, you don't "connect the dots" by collecting all the dots first and then sorting them out later. Target known terrorists, suspected terrorists and connect the dots from there using a network approach starting with the originally targeted and monitored persons or web sites.

      The only thing you might miss from the approach of only requesting data relevant to an ongoing investigation with particular named targets is the random lone terrorist that doesn't communicate with known terrorists or access terrorist websites that are being monitored. Or perhaps fit some sort of e-profile for some sort of targeted behavior. But that is the line where creepy and big brother meet the road and we shouldn't be treading in those waters... to mix metaphors.

      As it stands now everything that is being discussed publicly is about catching people that interact with known terrorists or terrorist web sites which means you should be monitoring all the communications of known terrorists already based on a warrant for a named person and can spider out your monitoring based on frequency, type and content of communications with additional requests based on information derived from the first warrant. The result should also be of higher quality because investigators will be dealing with less noise.

    12. Re:duh by Anonymous Coward · · Score: 1

      Your carefully crafted example is much more likely to catch:
      1) The parent of a military person deployed in Afghanistan, that's politically active, and runs in a camera shop (photography chemicals & tripod mount).
      2) Or maybe they're an engineering student who has called Afghanistan when trying to get customer service support for an internet order (or maybe an Afghany pen-pal... or...), who's working on the design project and making a circuit board for school (the etching chemicals & soldering iron), and called their girlfriend who's touring the Whitehouse while on holidays..
      I'm sure there are many many more cases.

      The data you so carefully constructed is meaningless.
      Sure - if you find they are calling Achmed the soon to be dead terrorist in Afghanistan, then they become a person of interest. But at that point, you go to FISC and get a warrant on Achmed's phone under the "relevant" clause of the Patriot Act, and examine just who is at 555-0101. That is always much more effective than this wild goose chase multi-billion dollar costing, political and social nightmare that is blanket surveillance. The fact the best the NSA can come up with is a cab driver who sent $8500 back to Yemen or wherever (to try to pay off corrupt officials to leave his family that still lives there alone) as the best/only example where this system was actually useful, should tell you all you need to know about it's effectiveness. It's potential for abuse is astronomical though.

    13. Re:duh by mrchaotica · · Score: 5, Insightful

      Obtaining the necessary warrant might prove to be impossible without obtaining communication-based proof beforehand.

      Then the target of the investigation goes free. This is the correct and reasonable outcome, by design.

      But at the same time I can't figure a better way to prevent impactful, unlawful acts from happening (from terrorism to major drug smuggling and so on and so forth).

      Then you don't prevent them. That is the cost of living in a free country, and it's an entirely reasonable one, which I, for one, am perfectly happy to pay.

      And by "better" I don't necessarily mean "let's go full legal and there you have it" - that's probably way worse from an outcome perspective. What if (again, as I said above, theorizing here) the NSA stops collecting that data and within 3 years the amount of bombs going off increases tenfold, while at the same time drug usage increases by millions of souls, meat trafficking gets out of control, etc.? Then it will be widely regarded as being "the worst decision that could possibly be made".

      That is nothing more than a load of fear-mongering totalitarian bullshit, without a shred of evidence to support it. (In other words, it isn't even a theory -- it's a hypothesis, and an exceptionally poor one.)

      The higher national security, the greater the costs (and sacrifices of personal privacy). It's valid for pretty much every country in the world. A balance must be stricken, but weights on both platters are variable and subjective

      In the United States we already struck that balance (weighted strongly towards freedom at the expense of security). Attempting to change that balance without the consent of the people (expressed via amending the Constitution) is treason.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    14. Re:duh by cervesaebraciator · · Score: 2

      The very definition of "breaking the law" means doing something against what is written in the US Legal Code within the interpretations of the courts. By that definition, they are have not broken any law.

      Quiz time:

      1) What laws do the U.S. Code and the courts depend on for their claim to legitimacy?

      2) What would it mean if the courts ruled in violation of those laws?

      3) Have courts ever ruled incorrectly?

    15. Re:duh by RabidReindeer · · Score: 1

      This is not about investigating crime. It's about figuring out which people to track, then tracking them.

      FTFY

      The point is... We don't want the government to arbitrarily track people. That's why we have limitations on police investigative powers, on harassment, on stalking, on all kinds of things.

      We're not talking about people we have probable cause for a warrant to search or arrest.

      And that's exactly the point... We should be!

      No it's not.

      I realize that the USA has pretensions, but we simply are not allowed to swear out warrants or make arrests in Pakistan - extraordinary renditions and Gitmo gleanings notwithstanding.

      We obviously do have to have probable cause when dealing with US citizens, and that applies even to citizens like the Boston Bombers as much as it does the native-born Unabomber. But we don't have that option in other nations, so we have to either enlist the governments in question or engage in clandestine surveillance (since US constitutional protections don't apply there). And in the case of actual arrest, we need their goodwill and co-operation if we're to retain what few shreds of respect and alleged moral superiority we still have.

    16. Re:duh by Wookact · · Score: 4, Insightful

      Fine, its unconstitutional. Do you really need me to quote you the 4th?

    17. Re:duh by spire3661 · · Score: 1

      You are engaging in doublethink.

      --
      Good-bye
    18. Re:duh by Anonymous Coward · · Score: 0

      They aren't actually breaking the law now with metadata collection. The courts have ruled on that. You might wish they were, but they aren't.

      If they're searching the communications (or "papers") of American citizens without a warrant, then they sure as hell are breaking the law, regardless of what some complicit, unconstitutional, kangaroo court has to say about the matter.

      You have no rite to privacy for information that leaves your computers. After all, you are freely giving that information to other peoples routers, networks, etc.
        It's actually well established case law in the united states that you internet communications are not the same as, say, postal mail.

      For example, it was once argued that the phone company giving records of a persons calls to the government was a privacy violation. What the court found was that, since you could not do business with the telephone company without giving them your number (i.e., by dialing), you were freely giving it to them and it did not fall under a right to privacy.

      Same thing goes with internet communication. You are freely giving your packets to other routers, which have to process this so called "metadata" as a matter of course for processing it. Therefore, it's not private information and you have no expectation of privacy. Whats more, the content of those packets (aside from the meta data) is likely not private information either.

      You claim they are "breaking the law" but you clearly have no idea what the law is. Do a little research.

      (Of course, as mentioned, the simple fact that congress said it's okay makes it legal.)

    19. Re:duh by war4peace · · Score: 0

      Then you don't prevent them. That is the cost of living in a free country, and it's an entirely reasonable one, which I, for one, am perfectly happy to pay.

      Careful what you wish for.
      What's happening now is a perceived annoyance which is very, very unlikely to cause you any real harm, while the other outcome might lead to fear of even getting out of your personally secured home because the garbage can outside might blow in your face. But hey, you get to freely talk over the phone with your relatives about how scared you are to go outside.

      I feel I must emphasize on this: it's all theory, I don't take any sides, but I can imagine different outcomes.

      --
      ...gis sdrawkcab (usually not responding to ACs; don't bother posting as AC)
    20. Re:duh by mrchaotica · · Score: 4, Insightful

      I feel I must emphasize on this: it's all theory, I don't take any sides, but I can imagine different outcomes.

      Totalitarian FUD is totalitarian FUD, whether you call it "theory" or not.

      What is not theory is that we lived the "other outcome" from 1776 to mid-2001, and the terrorism rate was just fine.

      (Note that the terrorism rate continued to be just fine since then; it was the "other outcome" interval that ended.)

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    21. Re:duh by Impy+the+Impiuos+Imp · · Score: 1

      Thr vast majority of the Internet is private property; therefore warrants should be needed to get at its data. Carvng it into data and metadata is a fraud.

      The US Post Office, where destination addresses and a return address (and which mailbox it came from) is government-public, and is a different story.

      This metadata sophistry is like the government demanding your receipt from a restaurant, without the line items of what you ate.

      --
      (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
    22. Re:duh by Anonymous Coward · · Score: 0

      People that parrot the constitution are generally the ones that don't get it.

    23. Re:duh by spacepimp · · Score: 1

      The NSA isn't charted with finding Drug smuggling rings inside the USA or outside the USA. Preventing civilians in the US from committing crmes in the US is not their charter either. They exist for sigint of foreign threats. No more no less. The fact is they have no right to be lookingat US communications to prevent crimes. If they do that is an illegal act.
       

    24. Re:duh by Anonymous Coward · · Score: 0

      Fine, its unconstitutional. Do you really need me to quote you the 4th?

      You need to quote the cases which you believe are evidence that collecting metadata violates the 4th Amendment.

    25. Re:duh by war4peace · · Score: 1

      1. Historically, the "other outcome" kind of ended after WW2. Someone conveniently forgot the hunt for communists, perhaps?
      2. With the advent of electronic communications it became a lot easier to spread a plot over large distances and make it happen way faster.

      Just saying that what you mentioned is far from being true.

      --
      ...gis sdrawkcab (usually not responding to ACs; don't bother posting as AC)
    26. Re:duh by TangoMargarine · · Score: 1

      Okay, so thought experiment: Say the U.S. government declared Islam to not be a religion, and therefore not protected under 'free speech.'

      Wait...maybe that's a bad example...okay, let me start over...

      --
      Unity? Screw that: XFCE. Slashdot Beta? Screw that: SoylentNews. Australis? Screw that: Pale Moon. UX developers DIAF
    27. Re:duh by mrchaotica · · Score: 1

      Ah, you mean McCarthyism? I wasn't around for it, but I'm sure it was bad....

      ...But this dwarfs McCarthyism in scope (and un-Constitutionality, if such a thing can be expressed as a continuous rather than boolean value.)

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    28. Re:duh by Anonymous Coward · · Score: 0

      Are you a sitting judge? No? Then it's not unconstitutional.

      While one can make an argument that something is unconstitutional, and they could be right, it's the process that determines action. The process is that a law is a law and must be followed until challenged in court. A court can declare it unconstitutional and strike it down, but only when a challenge is brought by a citizen or organization in a court.

      You seem to be mad at me, as though I'm defending this. I'm sorry for that, but I am not defending it, I'm stating the facts. I know the Constitution better than your average citizen, but I also know the process of making, challenging, and defeating a law. As much as people want to claim this guy did something wrong, he did not. A law was passed (the PATRIOT Act) that required the NSA to collect data, detect terrorists, and stop the next attack from happening. This may have been unconstitutional, but it was the mandate he was given by our elected officials to carry out, and he did it. If this particular provision is found unconstitutional and struck down, it still would not have him breaking the law because it was his legal mandate at the time.

      The NSA is a bureaucracy with a specific mission. They do not set policy, they are given a mandate by our elected officials and they carry it out. Declaring something as breaking the law is pointless because it implies criminality where there is none and isn't true. Declaring something unconstitutional is irrelevant because until the courts declare it as unconstitutional no action can be taken. Directing your wrath in this direction is wasted expenditure. If you want to make a change, the place to target is your elected official. Blaming a bureaucracy that is doing exactly what it was designed to do is pointless. Targeting the design is the right place to go. That means Congress and the President.

    29. Re:duh by Anonymous Coward · · Score: 0

      Answer time:

      1) The Constitution. The Constitution defines the process with which a law can be defeated, but once passed into law it is law until it is challenged and considered under Judicial Review, an implied power derived from Article III and Article VI. Therefore everything the NSA has done is not only legal, but Constitutional, because it was within the boundaries given to them by the PATRIOT Act and has not been challenged and struck down in court.

      2) If the courts ruled in violation of those laws, then the NSA would stop actions. However everything done up until that time within the boundaries of the laws that provided them those powers would be considered legal under Article 1, Section 9, Clause 3, which does not allow the passing of an ex post facto law. While this would not quite fall under the ex post facto provision in the Constitution, the Court has ruled only once that a very narrow aspect of an ex post facto law can be enforced; Smith v. Doe (2003). Otherwise, the legal principle of "Nullum crimen, nulla poena sine praevia lege poenali" applies as it is a foundational aspect of English Common Law.

      3) Incorrectly is a very subjective term; who defines incorrectly? Me? You? The voters? However, for arguments' sake, let's define as the court ruling incorrectly when the court itself determines it ruled incorrectly and overturns a previous ruling. In that case, yes it has. However, that question is completely irrelevant to the discussion, because despite ruling incorrectly, a court ruling establishes legal Precedent and as such is the law of the land. Just as Congress can make mistakes and later overturn them. Prohibition was a mistake, enacted via Constitutional Amendment, but was still the law of the land until repealed via Constitutional Amendment. When the 21st Amendment was enacted however, it did not retroactively make all of the actions of bootleggers legal.

    30. Re:duh by Anonymous Coward · · Score: 0

      cite, please

      AFAIK, the Supremes have ruled only on the metadata provided by '70's era pen registers, which provided only the time of calls and outgoing dialed numbers. The ruling was also based on an "individual's subjective expectation of privacy," something which would be reasonably present when an explicit privacy policy exists as part of the service contract (as it does with most/all phone services these days).

      EO 12333 allows collection on US persons.

    31. Re:duh by Anonymous Coward · · Score: 0

      What if the NSA stops collecting that data and within 3 years the amount of bombs going off increases tenfold

      Then instead of a 0.000000003% (8 zeros) chance of being harmed in a terrorist attack, you only have a 0.00000003% (7 zeros) chance instead.

      If the bombs increased a million fold, then finally terrorism might harm 1% of the people that are hurt in a car accident.

      If the bombs increased a million fold, and stayed that way all day, every day, for an entire year... Then you finally would have killed as many people as have died between now and 9/11 due to accidents on the road and slipping in the tub.

      No, the facts still remain.

      Until someone addresses any of the more likely ways you will get hurt or die in a given day, there is no justification or reason to spend a single dollar to fight terrorism.

       

    32. Re:duh by Anonymous Coward · · Score: 0

      Not at all. I am responding to the nature of the real world. While we have a Constitution that helps us to define what our legal code is, we also have a process that is also outlined by the Constitution to show us how to define what our code is.

      99% of the comments on this topic are contradictory, because people are confusing what they think or feel is right and what is actually legal. Legal and morally right are not the same thing.

      I am just as outraged by this situation of what the NSA is doing as anyone else. But I also recognize the reality of our system. The NSA is not at fault; the NSA is a construct of legal authorization by Congress. Do you blame the tool for doing something wrong? No, you blame the ones who used the tool with intent. That group is Congress. There an awful lot of smart people on Slashdot with completely misguided views about how the real world works. I am making some attempt, however futile, to direct that wrath away from wasted effort and towards a direction that will make change. Stating what they have done is illegal is untrue and pointless. Stating what they have done is immoral and should be changed is correct. Changing government happens through Congress.

    33. Re:duh by Anonymous Coward · · Score: 0

      Great comment! It's concise, free of slant, and encourages thought which, if performed, infers a couple of points that are beyond refute.

    34. Re:duh by spire3661 · · Score: 1

      What they have done is illegal under the 4th, no matter how badly you want to excuse their interpretation. Thier orders clearly violate the 4th and they should have been protesting such illegal actions, not enacting them. I dont excuse those that execute other's illegal will. Everyone who knowingly violates the 4th amendment in such a gross manner is a traitor.

      --
      Good-bye
    35. Re:duh by jwhitener · · Score: 1

      Be angry with the court decisions. Petition your congress critters to make laws that will force this to be re-evaluated in court.

      But widespread metadata collection has been legal for a long time. Way before the internet.

    36. Re:duh by Wookact · · Score: 1

      Be angry with the court decisions.

      I have.

      Petition your congress critters to make laws that will force this to be re-evaluated in court.

      I have.

      .

      But widespread metadata collection has been legal for a long time. Way before the internet.

      We have been doing it that way forever is a very bad excuse, especially when the scope of metadata has increased to include things like gps location.

  7. Your job? by Anonymous Coward · · Score: 0

    Maybe you just shouldn't do it.
    Spying on your own citizens is bad.

  8. How about warrants with probable cause? by gstoddart · · Score: 5, Insightful

    So instead of actually doing targeted investigations, you've decided that collecting everything about everybody is the best way to go about it, and if you happen to pick up unrelated stuff for which you had no probable cause, too bad.

    Sorry buddy, but just because you can't figure out how to do your job without turning the country (and the entire world) into the worst sort of Big Brother environment is YOUR problem.

    And since you've decided that the easiest way to do this is to spy on the whole planet -- fuck you, because the rest of the world hasn't consented to that and doesn't give a shit about the challenges of you doing your job in compliance with the law.

    All I'm hearing is "waah, how are we supposed to spy on just some people without effort, warrants, probably cause, and following the law?".

    --
    Lost at C:>. Found at C.
    1. Re:How about warrants with probable cause? by Anonymous Coward · · Score: 1

      not to mention that they probably collect so much shit that it's IMPOSSIBLE to adequately examine it -> WTF are you even bothering? Hoovering up EVARYTHING is just something a cretin would do because they don't know WTF they're doing.

      i.e. answer, we get off our fannies, go out, do our footwork, target likely suspects, obtain warrants IF they're citizens, and surveil them. Pretty simple really, but the getting up off their asses is apparently teh hard part, or maybe it's the whole actually having to work thing rather than pretending to and/or having the answers ready to be unwrapped on a silver platter...

    2. Re:How about warrants with probable cause? by Anonymous Coward · · Score: 1

      And since you've decided that the easiest way to do this is to spy on the whole planet -- fuck you, because the rest of the world hasn't consented to that and doesn't give a shit about the challenges of you doing your job in compliance with the law.

      I have to contend with this part. The rest of the world doesn't get a say, and those with enough political influence that they might be considered to have a say have implicitly consented by their own spying programs.

      The NSA's job is to spy on the rest of the world, but leave the US citizens alone. This guy seems unable to accept that one little limit in their charter.

    3. Re:How about warrants with probable cause? by bluefoxlucid · · Score: 1

      I keep telling people that the ability to commit crime and get away with it is important. People need risk: They need the ability to perform an action and face a consequence. Usually. Sometimes. Maybe even rarely. The less we care, the lest risk. Oh you shoplifted a 35 cent stick of gum? Nobody saw? Nobody cares. We'd like to stop that but uh. You murdered some shopkeeper while robbing a convenience store? There are 16 federal investigators looking for you, your picture is everywhere, and the police are coming with heat.

      Sometimes the law says not to do things that don't hurt anyone, or that inconvenience people in a minor way. In such cases, usually you have to get caught by coincidence or by chance: illegal gambling doesn't get reported except when banks start noticing you and your friends (who are like oil tycoons betting in units of $10k) are coming up with large cash deposits you don't normally have, while shoplifting a can of soup won't get noticed by a $4 billion security system because nobody is spending more than $50 on a security system for a super market unless they're being robbed blind. Okay, the shopkeeper will notice you and call the cops, maybe.

      In those cases, society enforces the law about as hard as it wants to. If it's economically not worth it or if we're philosophically opposed to the law, well... lots of people get away with breaking it. Sometimes you do something stupid and get away with it. Sometimes you don't know it's illegal. For whatever reason, society is less effective at enforcing laws than it would be if everyone had a camera up their ass 24/7; and it turns out this is important for the good of society.

    4. Re:How about warrants with probable cause? by gstoddart · · Score: 2

      The rest of the world doesn't get a say

      So Americans would accept that they don't get a say if, for example, China or Russia tries to do the same thing? Because, you know, it's lawful according to them?

      Or are you saying you're special somehow and that the rest of the world should be bowing down and accept your superiority?

      Because that's not going to happen.

      --
      Lost at C:>. Found at C.
    5. Re:How about warrants with probable cause? by Overzeetop · · Score: 1

      I'm sorry, I missed the part where you filtered the seven billion people on this earth down to those you choose to investigate without any initial data, but with a fixed budget.

      --
      Is it just my observation, or are there way too many stupid people in the world?
    6. Re:How about warrants with probable cause? by Anonymous Coward · · Score: 1

      not to mention that they probably collect so much shit that it's IMPOSSIBLE to adequately examine it -> WTF are you even bothering? Hoovering up EVARYTHING is just something a cretin would do because they don't know WTF they're doing.

      i.e. answer, we get off our fannies, go out, do our footwork, target likely suspects, obtain warrants IF they're citizens, and surveil them. Pretty simple really, but the getting up off their asses is apparently teh hard part, or maybe it's the whole actually having to work thing rather than pretending to and/or having the answers ready to be unwrapped on a silver platter...

      In other words, the NSA is the digital eqivalent of one of those obsessive hoarders who lives in a house full of stinking garbage and has a yard full of scrap iron?

    7. Re:How about warrants with probable cause? by biek · · Score: 1

      The NSA's job is to spy on the rest of the world, but leave the US citizens alone. This guy seems unable to accept that one little limit in their charter.

      I was under the impression they actually were playing by these rules, but exploiting the loophole of "Hey, THOSE countries are the ones doing the collection of data on US citizens. It just so happened we also had interesting information on their population so we decided to trade."

    8. Re:How about warrants with probable cause? by Actually,+I+do+RTFA · · Score: 2

      So Americans would accept that they don't get a say if, for example, China or Russia tries to do the same thing?

      No

      Or are you saying you're special somehow and that the rest of the world should be bowing down and accept your superiority?

      No

      I'm saying the NSA is part of the national security apparatus of the US government. It's not on the same team as the Russian (or China) national security apparatus. It's not some kubaya future where countries don't compete. The NSA was hired by my government on my behalf to give it an edge in international disputes/conflicts, either immediately or in the long term. I support that. If spying on every Russian citizen helps that, I support that too. I mean, that's the mission statement.

      I know some Russian agency has a mirrored goal. But, since its job is to support Russia, not America, I don't support it.

      I fully expect some Russian guy to have the exact opposite feelings as I do.

      --
      Your ad here. Ask me how!
    9. Re:How about warrants with probable cause? by gstoddart · · Score: 4, Insightful

      I'm sorry, I missed the part where you filtered the seven billion people on this earth down to those you choose to investigate without any initial data, but with a fixed budget.

      7 billion people on the planet, 315 million or so Americans.

      How is this our problem? Are you asserting the wishes of 300 million people trump those of the rest of the world? That you're more important? That we should care more about your security than our rights?

      As I said, if another country was doing this to America on this scale, it would be deemed an act of war. And yet somehow Americans seem to think that it's OK when they do it.

      --
      Lost at C:>. Found at C.
    10. Re:How about warrants with probable cause? by NoImNotNineVolt · · Score: 2, Insightful

      How is that supposed to be logically consistent?

      Or are you saying that you support the NSA not because they're doing the right thing, but merely because their actions [supposedly] benefit you [Americans] while harming those you don't care about [foreigners]?

      I take it you don't subscribe to the Golden Rule (ethic of reciprocity), which has been expressed by Luke (6:31 "Do to others as you would have them do to you."), Confucius ("Never impose on others what you would not choose for yourself."), and Plato ("...it has been shown that to injure anyone is never just anywhere.").

      This indicates a lack of empathy, and suggests that you may be on the autism spectrum or suffering from sociopathy.

      --
      Chuuch. Preach. Tabernacle.
    11. Re:How about warrants with probable cause? by doas777 · · Score: 2

      so you are saying that having a competitive advantage over other nations espionage programs is paramount to having your government acknowledge and protect your liberties?

    12. Re:How about warrants with probable cause? by doas777 · · Score: 2

      No, they are claiming that they use statistical methods to attempt to exclude american citizens, but expect to collect their data anyway. additionally they implement policies that make american citizens fair game if there is any associational link to a foreign national with less than 3 degrees of seperation. this standard includes the vast majority of the american people. Programs XKeyScore and Nebulus (the program that notices when you say 'bomb' on the phone) can't establish the nationality of the parties even if they wanted to.

      the biggest issue however, is that NSA analysts have been giving the data to domestic law enforcement agencies with no warrent, and that data is being introduced in non-terror prosecutions of american citizens, per the last batch of data that DNI released (declassified FISC findings).

      When a power is used for specific elevated conditions for a period of time, law enforcement and the judicary become comfortable with it, and over time, the bar to use those elevated powers lowers. For instance, in London, after installing hundreds of CCTV cameras, which had no impact on serious crime, local town councils started using these terror-justified feeds to start prosecuting locals for not picking up after their dogs.

      Allowing this program to continue, gaurentees that the liberties I knew as a child will be gone forever.

    13. Re:How about warrants with probable cause? by mrchaotica · · Score: 1

      So Americans would accept that they don't get a say if, for example, China or Russia tries to do the same thing? Because, you know, it's lawful according to them?

      It's not up to Americans whether they "accept" China or Russia's spying. That's China or Russia's decision (respectively); Americans' only recourse is to attempt to physically prevent it.

      Regardless of country, if you don't like getting spied on by foreigners, the only thing you have to blame is your own country's counterintelligence agency's failure to prevent it.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    14. Re:How about warrants with probable cause? by doas777 · · Score: 1

      Simple as pie, you wait for a crime to occure. No Law enforcement action, including the gathering of evidence can ever be allowed to occure before the crime.

    15. Re:How about warrants with probable cause? by HeckRuler · · Score: 1

      The NSA's job is to spy on

      Enemies. It's their job to crack enemy cyphers and provide military assistance. Spying on our allies is (usually) illegal per their law the same way that foreign powers spying on US citizens is illegal per our laws. Since we're allies we're SUPPOSED to respect each other's laws and do that whole extraditing thing when someone breaks the law. But then again, the head of the NSA was found to by lying to congress and nobody's charged him with anything. So I guess you could say the entire "rule of law" thing is kinda going down the shitter.

    16. Re:How about warrants with probable cause? by spire3661 · · Score: 1

      Fuck you. Thats the only intelligent response i can come up with for explicitly saying its ok to spy on 6.7 billion people. We should NOT be doing this.

      --
      Good-bye
    17. Re:How about warrants with probable cause? by cervesaebraciator · · Score: 1

      How is that supposed to be logically consistent?

      It's perfectly consistent. He's not approaching it as a moral question, but as a legal and practical question. The NSA is in violation of our laws and its practical purpose was to spy on other people.

      This indicates a lack of empathy, and suggests that you may be on the autism spectrum or suffering from sociopathy.

      Your naiveté is refreshing. International relations is not governed by empathy. It's governed by the quest to secure national interests. Sometimes that quest means interests coincide and nations can cooperate. Often, however, relationships are more complicated. To this end, in any case, nations create agencies which do many immoral things the citizenry would not like to know about. Ostensibly, they do these things so that the citizenry can sleep, safe and secure. They do them in secret so the citizenry can actually sleep at night.

      We are all ruled by Machiavelli. Your surprise indicates you haven't read the Prince or that you haven't realized it's the basic rule book for governance in the modern age. I commend it to you. Old Nick is one of the defining teachers of the modern age.

      So, if you'd like to object to what our friend is saying above, I'd recommend you do so on his terms. Do not argue that it is bad to spy on citizens of other countries, but that it is disadvantageous. After all, how badly have the NSA revelations damaged our reputation and relationships? It is harder to cooperate toward common goals when allies are suspicious and enemies feel justified. If you've empathy for others, let it inspire and define your goals. And then show how goodness and reciprocity is advantageous (as saner men have always held). Thus you will be as wise as a serpent and as harmless as a dove.

    18. Re:How about warrants with probable cause? by Actually,+I+do+RTFA · · Score: 1

      No, it's quite simple:

      I don't support them spying on American citizens. I support them spying on non-American citizens.

      --
      Your ad here. Ask me how!
    19. Re:How about warrants with probable cause? by Anonymous Coward · · Score: 0

      i don't think your average american thinks indescriminate wholesale spying on other country's citizens is ok either. they just think that some reasonable, patriotic american is looking down the intertubes for bad guys. that is all. then they go back to work. meanwhile skynet gets a few billion more dollars.

    20. Re:How about warrants with probable cause? by Anonymous Coward · · Score: 0

      i think it's a little ridiculous to think that the US needs to spy on all of russia to figure out when they are driving a nuke down the road, or when people with 40 passports are sneaking around the world.

    21. Re:How about warrants with probable cause? by NoImNotNineVolt · · Score: 1

      So you're saying that realpolitik is the only way of seeing things, and that alternative approaches to international relations have no merit? And I'm the one that's naive?

      Also, please point out my "surprise" at this viewpoint. Or explain how my opposition to your preferred school of thought is equivalent to ignorance of a specific treatise.

      If you think that objections to a particular school of thought ought to be confined to arguments based on assumed premises set forth within that school of thought, you'll indeed find it impossible to form any meaningful objections. Realpolitik is internally consistent, and any argument from absurd premises such as "the law of power governs the world of states" will inevitably confirm that fucking over foreigners is a good thing. Of course, if you were in any way familiar with the idea of rational logic, you'd understand that questioning the very premises of an internally-consistent argument is the only way to demonstrate its lack of logical soundness despite logical validity.

      Machiavelli didn't write about optimal outcomes for the human race at large. He wrote about optimal outcomes for a state, not even for states in general. The Prince does not suggest a way for all states to attain optimal outcomes, merely a way for any given state to optimize its own outcome at the expense of others. To me, that's a shitty approach to optimization. Almost a state-scale example of the tragedy of the commons. It's unlikely that such an approach could be optimal for all.

      --
      Chuuch. Preach. Tabernacle.
    22. Re:How about warrants with probable cause? by Anonymous Coward · · Score: 0

      Playing devil's advocate. If an officer gets a warrant to search someone's house, is s/he allowed to look at the numbers of other houses while looking for the address of the target? That's collecting metadata.

    23. Re:How about warrants with probable cause? by Anonymous Coward · · Score: 0

      7 billion people on the planet, 315 million or so Americans.

      How is this our problem? Are you asserting the wishes of 300 million people trump those of the rest of the world? That you're more important? That we should care more about your security than our rights?

      As I said, if another country was doing this to America on this scale, it would be deemed an act of war. And yet somehow Americans seem to think that it's OK when they do it.

      What about this situation suggests that Americans think this is okay, at all? On the contrary, the majority of the population that actually understands the current situation is very much against the current policies. In fact, I would go so far as to say that they are stunned by what has been happening. Granted, as always, there will be a portion of the population that doesn't care about other countries as long as they're taken care of but that's a smaller world view than many have today. Human rights and freedoms should be something of concern for all nations and peoples, across the board.

      The very fact that things have changed so drastically in such a short time in America is a testament to the fact that the nation has actually done the terrorists job for them! With current legislation as well as upcoming legislation (at both the federal and state level) politicians are attempting to push for America is moving further and faster towards that ultimate end goal: a complete lack of freedom in exchange for complete "safety." After all, total lack of freedom is the equivalent to the destruction of America. With every knee-jerk reaction to a "tragedy" the US has enacted new laws and policies that hobble their own country and people, removing rights and freedoms that were a part of their lives and the entire nations' for hundreds of years in less than a decade. If that isn't something that gets to well informed individuals I don't know what will!

    24. Re:How about warrants with probable cause? by Anonymous Coward · · Score: 0

      It has been said over and over. Most rational people, including Americans, are aware and don't care if foreign governments spy on them. It is the right of governments to work in its peoples best interests. Part of that is spying on everybody else. What isn't okay is for your own government to spy on you. They have the power to ruin your life on a whim. A government half way around the word can't do the same. So no, you do not have a right to not be spied on by foreign governments, and yes, as far as the American government is concerned, Americans are more important than everyone else. Brits are more important than everyone else to the UK, Germans are more important than everyone else to Germany, and so on.

      This is both basic game theory of group interactions and basic governance. I would expect someone on slashdot to be educated in one or the other.

    25. Re:How about warrants with probable cause? by Anonymous Coward · · Score: 0

      The other countries are sovereign and thus free to deem the NSA's actions acts of war.

    26. Re:How about warrants with probable cause? by cervesaebraciator · · Score: 1

      So you're saying that realpolitik is the only way of seeing things [...]

      No, I'm saying that most people in the modern world when speaking of international relations operate from assumptions which can be traced to Machiavelli. To persuade such a person of a particular policy, it may be more effective to understand their position and, rather than accusing them of sociopathy, show them that the policy you would promote works to their benefit.

      [...] and that alternative approaches to international relations have no merit?

      Hardly.

      And I'm the one that's naive?

      Notice the word "refreshing". The point there was that if more actually thought with the moral categories you were using, then it would be as a breath of fresh air. Your response to GP seemed to be innocent of the fact that others do not think in these categories. Take it as a compliment.

      Also, please point out my "surprise" at this viewpoint.

      A frequent use of rhetorical questions is an indicator of incredulity. (As in, "Do you really mean to say [...]?") You use a similarly incredulous tone in your response to me. Perhaps it's just your style. But in any case it's certainly an unusual response to GP's very standard answer.

      [...] my opposition to your preferred school of thought [...]

      And what school of thought is that, pray tell? I only mentioned two things approvingly: your apparent moralism and the ancient views of "saner men." The latter referred to a passage from de Officiis, where Cicero praises the agreement of Socrates, the Stoics, and the Peripatetics on the principle, "advantage can never conflict with right." Given the context, it looks like you believe I subscribe to Realpolitik, but this cannot be deduced from anything I said. If you followed the link to the Cicero passage (though I know that might be asking too much), you would realize that my preferences are for something rather different.

      Of course, if you were in any way familiar with the idea of rational logic, you'd understand that questioning the very premises of an internally-consistent argument is the only way to demonstrate its lack of logical soundness despite logical validity.

      I'm perfectly familiar with logic. You ought not so quickly to assume otherwise. But logic is not our subject; rhetoric is. I did not speak of how to undermine GP's argument logically, because your response was not itself a logical argument. Rather I spoke of how to persuade, and this is different art of which logical argumentation is only a component. I did this because your reply to GP was itself rhetorical and I was advising a more effective rhetorical approach.

      I hope you do not bristle at my claim that your reply was rhetorical. This is no insult. It is good to persuade people, at least of the good. But that is what your reply was. If you do not recognize it, let's consider. Your first line is a rhetorical question, implying to the reader that GP's argument is not consistent but not showing how. Your second line, also a rhetorical question, is critical of GP based on standards to which he does not subscribe and for which you do not actually argue. Your third consists chiefly of authoritative maxims. While this is an effective rhetorical technique, it is not an argument. Your final line begins with a non-sequitur (GP may have a great deal of empathy, but also genuinely believe people are better off in the long run if all countries do what he advises). It then moves from that non-sequitur into a potentially insulting accusation.

      This is not a logical argument, but a retort. Since I do not think asking a series of rhetorical questions and implying the interlocutor is a sociopath a very effective approach, from a rhetorical perspective, I advised a different one: i.e. to show the interlocutor that your preferred policy (not spying on foreigners) will fulfill his desire (the good of his people).

      I think I'll suggest something else now. If you wish to talk of international relations, you might first learn to avoid friendly fire.

    27. Re:How about warrants with probable cause? by TangoMargarine · · Score: 1

      If countries could work together to make people in both countries happy, why would we need to have separate countries in the first place?

      --
      Unity? Screw that: XFCE. Slashdot Beta? Screw that: SoylentNews. Australis? Screw that: Pale Moon. UX developers DIAF
    28. Re:How about warrants with probable cause? by NoImNotNineVolt · · Score: 1

      This is the best reply I've ever gotten on Slashdot. Possibly one of the best-written posts I've seen on Slashdot, ever. I'm left standing here, at a loss for words. Well played.

      That being said, I was merely trying to point out that the claim that "NSA's spying on everyone is good for Americans" is not true within the context of a particular philosophy that I favor (that universal adoption of the golden rule results in generally optimal outcomes, perhaps a flavor of utilitarianism), and that this is as valid (if not as common) a philosophy as realpolitik (or more specifically, Machiavellian politics). Also, I inferred your preference for realpolitik based on my perception that you were defending realism over utilitarianism. But now I feel like an engineer at an international relations party: woefully ignorant and verbally outmatched.

      Also, I like your writing style. You should write a book, if you haven't already. I'm gonna go read your link now, as I suspect it can't be a bad read.

      --
      Chuuch. Preach. Tabernacle.
    29. Re:How about warrants with probable cause? by TangoMargarine · · Score: 1

      As I said, if another country was doing this to America on this scale, it would be deemed an act of war. And yet somehow Americans seem to think that it's OK when they do it.

      While we're talking about unfair generalizations...I would not consider it an act of war. I would want 'our boys' to figure out some way to get them to stop doing it if they can (and it doesn't cost a hojillion dollars and make us look like asses), but I wouldn't say it's cause for war. Of course, I don't speak for the U.S.; we have representatives for that.

      --
      Unity? Screw that: XFCE. Slashdot Beta? Screw that: SoylentNews. Australis? Screw that: Pale Moon. UX developers DIAF
    30. Re:How about warrants with probable cause? by Anonymous Coward · · Score: 0

      That isn't a good analogy at all. It is more like recording the comings and goings of everybody in a whole neighbourhood just because they suspect a drug dealer lives there.

      The numbers of the houses isn't metadata. It isn't considered private either, whereas who you talk to on the phone usually is.

    31. Re:How about warrants with probable cause? by Anonymous Coward · · Score: 0

      As I said, if another country was doing this to America on this scale, it would be deemed an act of war.

      And you would be wrong. It has been revealed that Australia, United Kingdom, and The Netherlands have all been doing the exact same thing to the best of their abilities. Where are the cries about the "act of war"?

      If you think China and Russia are not doing the exact same thing to the best of their abilities, then you are hopelessly naive.

      Countries in the Middle East have no limits on the spying they can perform. The concept of liberty does not really exist there. They routinely arrest people who "speak against the Amir or King". They get this information by examining all information transferred through their networks.

      You may imagine that your own country, whichever one it is, is not capturing all of your data. Those in power can not resist the temptation of such forbidden fruit. Each person has a burning desire to know the secrets of the person next to them. There is nowhere on this planet that is safe from such intrusions.

    32. Re:How about warrants with probable cause? by cervesaebraciator · · Score: 1

      I'm left standing here, at a loss for words.

      You've returned the favor.

      I'm gonna go read your link now, as I suspect it can't be a bad read.

      Of that work, Voltaire said:

      No one will ever write anything more wise, more true, or more useful. From now on, those whose ambition it is to give men instruction, to provide them with precepts, will be charlatans if they want to rise above [it], or will all be [its] imitators.

      The Perseus version of de Officiis (On Duties) was merely convenient. Loeb has a more recent translation, and Loebs strive for readability. The older 1913 Loeb edition may be found here for free. Book III discusses the relationship between advantage and the good, but the whole is worth reading, which is to say it is worth reading more than once. I hope you enjoy it.

  9. Metadata? by wcrowe · · Score: 1

    "Metadata". I don't think that word means what you think it means.

    --
    Proverbs 21:19
  10. Some Metadata by the+eric+conspiracy · · Score: 5, Insightful

    Dammit I don't mind him getting the metadata he actually needs tp defend the United States. What I object to is the idea that he gets ALL the metadata without showing any need for the vast majority of it.

    The 4th Amendment was written with the express intent of forbidding general warrants. Yet that's what we have.

    Stop it.

    1. Re:Some Metadata by Anonymous Coward · · Score: 0

      What I object to is the idea that he gets ALL the metadata without showing any need for the vast majority of it.

      The need is pretty simple: there are too many people in the world to watch them all directly. Metadata is used to construct a bird's eye view of people's contacts and movements that is analysed later to enact more direct methods of observation. It basically IS data but for legal arguments extending physical communication precedents made prior to the creation of the internet.

      Telling you this defeats the purpose as people would begin to safeguard the metadata also, and without the metadata there would be no map to guide anyone through the vast amounts of data being generated every second. For example, the TOR slides published by The Guardian state that TOR has a 'critical mass of targets' and 'scaring them away from TOR might be counterproductive'. Surveillance capabilities are not developed with the intent to have the capability revoked, so telling you how important your metadata is would be the last thing anyone in a government would ever tell you. It really IS the 'least intrusive' way to keep tabs on everybody legally, without simply reading every email and listening to every phone call.

      That doesn't mean people are happy about it, but the spy agencies have been painted into a corner. The threats that can be successfully made against a nation now include economic attacks, cyber attacks, chemical and biological warfare, guerrilla attacks, diplomatic actions, as well as good old fashioned war and politics. Advances in networking and transportation have made any possible target in the world a reality. Closing networks is being tried now, but it is likely to fail due to economic pressure. As digital currency slowly begins to take shape, the day approaches when a person's entire financial network and history could be up for grabs, to spies and thieves.

      The NSA is just one agency among several that now have to deal with 'securing' this nightmare.

    2. Re:Some Metadata by cheekyjohnson · · Score: 1

      It really IS the 'least intrusive' way to keep tabs on everybody legally, without simply reading every email and listening to every phone call.

      What? Since it violates people's freedoms and privacy, I don't think it should be allowed. The end. I don't care how much less intrusive you think it is than the alternatives.

      --
      Filthy, filthy copyrapists!
    3. Re:Some Metadata by Anonymous Coward · · Score: 0

      Bingo!

      If they need the data (not just the metadata! All data relevant to an investigation of a specific, credible threat), they can have it. Just get a warrant. A real one BTW, prior to snooping. Not these BS post-spying, secret FISA warrants. Those are a steaming crock of S-H-I-T.

      The fact that this idiot seems all whiney about the Constitution, law, due process and civil rights makes me sick. If someone asks you to do something illegal, it's your job to say "No Sir!". If they offer to make it legal but it's still immoral or unethical, it's your job to say "No Sir!".

      The law is not opposed to spying or doing your job. However part of your job are knowing the limits and why there are limits. These people are supposed to be the Best and Brightest, post-secondary educated, with a moral center. It's only the latter that is lacking. Since this cannot be retrofitted adequately, fire the idiots and replace them with someone better.

    4. Re:Some Metadata by krups+gusto · · Score: 1

      Personally, I object to him getting *ANY* data that isn't sanctioned by a subpoena. And the current rubber stamp subpoena isn't sufficient. Seriously, it's atrocious to apply a dollar value to airport security. But we're spending billions on easily circumventable bullshit. Want a flammable liquid? Can't bring it through security - but you can buy it a duty free or get it at the airport lounges/bars. Lighters are not ok - but boxes of matches are ok. Can't bring a knife through security - but it's ok to steal one from a restraunt inside. Etc... Etc... This whole security bullshit is designed as cover my ass. It needs to die.

  11. Easy. by dgatwood · · Score: 4, Interesting

    This isn't even slightly hard.

    Step 1: Require that the companies collect the information and retain it.
    Step 2: Get a court order when you need to obtain information about a specific individual, and then obtain only that information.

    It's not the metadata that's the problem. It's the fact that you're in possession of it, not just for the people you're legitimately investigating, but for everybody, and the fact that with our legal system being as complex as it is, you can almost certainly find patterns sufficient to suspect any honest person of a crime.

    For example, I recently received an email about repairing strings of Christmas lights from someone whose last name is Snowden. Assuming that there's some relation, there's a good chance that my metadata is caught up in one of these f**king dragnets even though I have jack s**t to do with the guy who released confidential info from our government. There's no legitimate reason for them to study me—I'm pretty boring, frankly—but I would not be in the least bit surprised if it happened.

    --

    Check out my sci-fi/humor trilogy at PatriotsBooks.

    1. Re:Easy. by cheekyjohnson · · Score: 4, Interesting

      Step 1: Require that the companies collect the information and retain it.

      Which then is at the government's fingertips. How about we do no such thing?

      --
      Filthy, filthy copyrapists!
    2. Re:Easy. by Anonymous Coward · · Score: 0

      Yeah, that requirement in itself is a dangerous precedent.

    3. Re:Easy. by jbssm · · Score: 2

      Step 1: Require that the companies collect the information and retain it.

      Sure, because the only thing I would like more than, for the US government to have access to all my online life, would be for a US corporation to have access to all my online life.

    4. Re:Easy. by Anonymous Coward · · Score: 0

      Slippery slope. Eventually you end up with a government mandate that ALL electronic devices store indefinitely ALL keypresses, communications, and logs under penalty of death. That way, when the police want to investigate you they can noodle back through all your files and find you typed the word "bomb" 10 years ago in a Usenet conversation about the movie Gigli and arrest you for terrorism.

    5. Re:Easy. by bigpat · · Score: 1

      Companies already have to keep a variety of business records for periods of time for regulatory purposes, so requiring companies keep additional specific business records for a period of time would be nothing new. Yes, it is somewhat worrisome, but it actually preserves the 4th amendment by keeping the records in situ until there is a warrant. And people would know exactly how long their records were required to be kept because it would be a law or published regulation so there would be transparency where now the only transparency is from leaks.

    6. Re:Easy. by cheekyjohnson · · Score: 1

      Companies already have to keep a variety of business records for periods of time for regulatory purposes

      And? I can't think of a case where I don't feel that's morally wrong.

      --
      Filthy, filthy copyrapists!
    7. Re:Easy. by Anonymous Coward · · Score: 0

      If the NSA deems that who I send emails and phone calls to shouldn't have a expectation of privacy, then I'd like to turn the tables. If nothing of interest can be gleamed from such phone records, email headers, and cell phone locations, then clearly we should make all such data belonging to the government publicly available in realtime. This should include classified networks (with encryption on the data, if they're using it). I'd like to be able to see who calls who. I'm sure there's a lot of corruption that we could ferret out by network analysis.

      On second thought, I'm not even sure I'd be comfortable with that.

    8. Re:Easy. by bigpat · · Score: 1

      Yes, but hard to see how a requirement to keep certain records for a certain period of time and hand them over if presented with a constitutionally valid warrant violates the constitution. Versus just ordering companies (and presumably individuals if they operate a business as an individual) to hand over all their business records without a warrant on an ongoing basis which should be seen as a clear violation of the 4th amendment.

    9. Re:Easy. by cheekyjohnson · · Score: 1

      Yes, but hard to see how a requirement to keep certain records for a certain period of time and hand them over if presented with a constitutionally valid warrant violates the constitution.

      If the constitution gives the government the power to do such a thing, then it is constitutional. Even if it is, whether it's the right thing to do is another matter.

      --
      Filthy, filthy copyrapists!
    10. Re:Easy. by Anonymous Coward · · Score: 0

      This isn't even slightly hard.

      Step 1: Require that the companies collect the information and retain it.

      Step 2: Get a court order when you need to obtain information about a specific individual, and then obtain only that information.

      It's not the metadata that's the problem. It's the fact that you're in possession of it, not just for the people you're legitimately investigating, but for everybody, and the fact that with our legal system being as complex as it is, you can almost certainly find patterns sufficient to suspect any honest person of a crime.

      For example, I recently received an email about repairing strings of Christmas lights from someone whose last name is Snowden. Assuming that there's some relation, there's a good chance that my metadata is caught up in one of these f**king dragnets even though I have jack s**t to do with the guy who released confidential info from our government. There's no legitimate reason for them to study me—I'm pretty boring, frankly—but I would not be in the least bit surprised if it happened.

      Yeah, that's right. I'd rather have a corporation that owes me nothing track all my movements through a mandatory program than have my elected government do it. That makes me feel much better.

    11. Re:Easy. by bigpat · · Score: 1

      Agreed. It would be better not to have to make such a compromise in the name of security. But I would rather see a compromise that results in an intrusive requirement that businesses keep certain types of records for 5 years with some sort of standardized way of transferring specific records rather than the current situation which fundamentally violates a constitutional right that generations have fought to preserve.

    12. Re:Easy. by dgatwood · · Score: 1

      No, no, no. You'd have dozens of U.S. corporations, each of which would have access to part of your online life, just like you do now.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    13. Re:Easy. by cheekyjohnson · · Score: 1

      Well, if we're going to make changes to the current system, we might as well make sure that we're happy with the changes. This is not an either/or.

      --
      Filthy, filthy copyrapists!
    14. Re:Easy. by bigpat · · Score: 1

      We are arguing different points. I am arguing for a workable compromise. You are arguing for the ideal. Which is fine, but if we don't find a workable compromise then the status quo means certain death to our Liberty and our democratic form of government. I think it is important to try and find a compromise that preserves Liberty yet still means that when investigators identify a terrorist that they can then go back and search their past business records. Right now we have an NSA chief saying the only way they can do that sort of search is to collect every single piece of data they can about everyone up front in as close to real time as possible and then they can sort it out later. Which he is 100% correct that that is the only way they can do that sort of search of past communications, purchases and movements, if and only if you presume that companies are going to destroy their own records. With a simple requirement to preserve records, records companies are most likely already preserving to some degree, then you undermine the argument that the dragnet of business records is necessary. Then they are left with the only legitimate argument for why they want the records that don't have any links to terrorism or espionage which is to do pattern analysis and big data mining. Once you remove the logical flow of an investigation from a known terrorist to their co conspirators, then most of the reasons for doing dragnet collections of business records are not mission critical and the "needle in the haystack" of finding a lone person planning something big becomes less believable. I get that you would choose privacy over security.. That is great. If you (and I) were in the majority then the debate would be unnecessary. But many people are willing to make some compromises, to them I am suggesting a compromise that is more secure yet still respects the constitution.

    15. Re:Easy. by cheekyjohnson · · Score: 1

      I think it is important to try and find a compromise that preserves Liberty

      The problem is that the compromise does not preserve liberty, as the owners of the equipment would be forced to retain information they might not want to retain, and the information would be there for the government to get. As soon as the government started ignoring the constitution (which they already do), the information would be waiting for them/

      Once you remove the logical flow of an investigation from a known terrorist to their co conspirators, then most of the reasons for doing dragnet collections of business records are not mission critical and the "needle in the haystack" of finding a lone person planning something big becomes less believable.

      They're doing it so they have immediate access to the information. It would be possible for this to continue even under the compromise you propose.

      --
      Filthy, filthy copyrapists!
  12. I wonder when... by Anonymous Coward · · Score: 2, Interesting

    they will say, "We can't do our job without a camera in every home".

  13. GET A WARRANT by HeckRuler · · Score: 3, Insightful

    Seriously, if you have a reason to suspect someone, you go ask a judge for a warrant to go spy on them. He might give it to you. After that you can spy on them.

    And let me make this perfectly clear:

    WITHOUT THE WARRANT, SPYING ON THEM IS ILLEGAL.

    And by and far spying on foreigners is ALSO ILLEGAL. At least, according to their laws. The same way that it's illegal for their citizens to spy on us according to our laws. Those laws are ignored when we are at war with them. Breaking the NAZI codes was a legit thing to do because we didn't give a flying fuck about their laws, you know, at the time. You're not supposed to treat US citizens like the enemy. We're at peace.

    1. Re:GET A WARRANT by Anonymous Coward · · Score: 0

      We're at peace.

      Since when? Right now it's looking like "we will always be at war with terror" and before we know it it will be a matter of "we have always been at war with terror"

    2. Re:GET A WARRANT by JustNiz · · Score: 2

      >> We're at peace.

      I don't think thats even close to true, however I understand that it's a common misconception partly because the nature of the war we are in, and partly because the governments not only haven't officially declared war, none of them want to admit to the depth and scale of what is actually going on.

      All the evidence points to the fact that all the westernised countries (US, EU, Australia, Russia, China, even Africa) are actually conducting an all-out but undercover war against a very real threat of an overwhelming number of radicalised muslims that wish to literally turn the planet into their interpretation of a single muslim state under shariah law.

      The irony is that they are supposedly doing it in the name of islam but this is actually a sham too. There is no moral or religious boundary they dont cross, including genocide, torture, brainwashing and a multitude of other horrific human abuses to further their leaders sick lust for power at any cost.

    3. Re:GET A WARRANT by tnk1 · · Score: 1

      Eh. Spying on foreigners is certainly not legal in their country, but everyone does it to everyone else. It would be nice and all to stop doing that, but I can name a few countries that have no plans to stop doing that and wouldn't suddenly "see the light" if we did so unilaterally. I don't find the cessation of intelligence gathering to be realistic.

      And as much as privacy is a good thing, simply collecting information itself doesn't hurt anyone. The question is what you do with it. I'm much more concerned with that.

      Now *inside* the US there are laws that need to be obeyed. If those aren't being obeyed, they need to be. If they are, and we still don't like them, we need to get the laws changed. We also have to not send mixed messages to legislators. For instance, if they follow the Constitution to the letter and make sure that they avoid anything that may even be ambiguously unconstitutional, they *will* miss opportunities to catch people. The real question is how much risk does that add, and how much risk do we tolerate as a citizenry. We need to accept that our Constitution has a price tag on it. "Freedom isn't free" isn't just talking about soldiers. You let people have certain liberties, those liberties can be taken advantage of. We need to learn that and become okay with the resulting risk or we're doomed to fail eventually.

    4. Re:GET A WARRANT by HeckRuler · · Score: 1

      conducting an all-out but undercover war against a very real threat of an overwhelming number of radicalised muslims

      Bwahahahahahahahaaaaaa! heh, ok, sorry, you lost me there. I was following you for a while and I was working on how the definition of "war" has changed over time, but then I hit this turd and I realized that you were simply beyong hope. Nothing I say to you will ever have any effect.

      But yeah, we're in a bit of a culture war. There's these people out there that think we need to go be the world police. And not the nice sort that help you find lost kid's mommy, but the sort that brutally curb stomp you just for being black. They think you can rule a populace with tanks. They're ruled by their fear, and to that extent they have let the terrorist win. They fear foreigners, outsiders, their own government, their own neighbors, and pretty much anything that's different from them. It's a sort of natural response really, but one that I'd hope we as a species would have grown out of by now as it's very anti-social in today's society.
      And I really do mean anti-social. Their actions are undermining society. They're the sort of people that believe the NSA is doing good meaningful work and they're perfectly justified in breaking the law. You know, to save us from dem dar evil muslims. They're willing to throw out the rule of law in order to suckle that pacifier of security. Not that it actually makes them secure, but they FEEL more secure knowing the NSA is out there doing whatever it is they do.
      You know what? I really don't think the NSA is doing anything particularly nefarious with all that illegal spying they're doing. But once the rule of law is thrown out in the name of security, you're going to see ALL the crazies come to power and start abusing said power right and left. It'll be Hoover's FBI all over again.

      So yeah, we have to stand up against these people that wrap themselves in the flag and claim holy righteousness. They'll doom us all and tear down the system of checks and balances that keep our society together. They're not doing it because they're evil, they honestly think they're saving the world, but they're just simply wrong.

      With all that in mind, from the progressive free-thinking dare-I-say liberally minded sort, Fuck You.

    5. Re:GET A WARRANT by JustNiz · · Score: 1

      yeah unfortunately it is always the progressive free-thinking dare-I-say liberally minded sort that immediately resort to personal insults and ad homiems to win an argument.

      Also back through history it is always the progressive free-thinking dare-I-say liberally minded sort that wont ever believe any bad shit is even capable of happening until its already badly fucking us.

      Good luck with your progressive free-thinking dare-I-say liberally minded philosophy, which actually turns out to mean more backwards, oppressive and dare I say it pee cee monoculture than most any alternatives.

    6. Re:GET A WARRANT by HeckRuler · · Score: 1

      Good luck..

      Thanks. It's certainly a pain in the ass to drag the backwards, close-minded, fearful, hate-mongers who think there's an underground war with the "overwhelming number" of radicalized muslims into modern society. It's a sort of day-by-day struggle.

      ... with your progressive free-thinking dare-I-say liberally minded philosophy, which actually turns out to mean more backwards, oppressive and dare I say it [politically correct] monoculture than most any alternatives.

      Really? Is letting the gays marry really that oppressive? Is the Internet a "backwards" phenomena? Is it that bad to tolerate the Jews, Wiccans, Muslims, Buddhist, Jainist, Baptists, Mormons, Pastafarians, New-Agers, etc.etc.etc.?

      politically correct monoculture.

      Hey there, you've got a good point. A lot of those super-liberal nanny-state sorts want to try and steer culture. Not a good idea, although they've had some success against smokers. Fuck those left-wingers, they're pretty annoying. But compared to the WAR-MONGERING right-wingers who got hundreds of thousands of civilians KILLED in Iraq, they're really not that bad. Seriously, our crazies aren't nearly as bad as your crazies.

  14. Maybe he should watch this by DJ+Jones · · Score: 1

    Bill Binney Interview on Real Time with Bill Maher

    Because you fired the one guy who had your answer.

  15. Bingo. by Anonymous Coward · · Score: 5, Insightful

    Constitution first. If you can't do what you are trying to justify within the bounds of that very plain-language document, then you DO NOT DO IT.

    It would be easy to stamp out all domestic abuse. Just post a federal officer in every couples' bedroom.

    Same applies for violent crime with firearms; turn every home upside down and confiscate every firearm you find. If any "missed" or hidden turn up later, immediate death penalty. Possession or use after this point - also immediate death penalty.

    It would sure make the cops' jobs easier! We should totally do that! Except it's flagrantly in violation of both the spirit and the word of the Constitution - just like the NSA's metadata dragnets - so too fucking bad.

    Do your jobs above board, according to the law. You know, those pesky things you make and ignore, but we serfs have to follow? Those.

    1. Re:Bingo. by camperdave · · Score: 1
      The constitution is not a very plain language document. Consider the second amendment:

      A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

      Are gun owners required to be in the militia? Is the State free to draft gun owners?

      And don't get me started on copyrights and patents.

      --
      When our name is on the back of your car, we're behind you all the way!
    2. Re:Bingo. by Anonymous Coward · · Score: 0

      I completely agree with what you're saying, but the examples you've posted also have the additional requirements of huge amounts of (visible) manpower. You would need an absurd number of policemen to curb domestic violence that way, for example, likewise to search through every house. I get your point, and I know that metadata collection facilities such as have been constructed also take huge amounts of manpower, but there are a few orders of magnitude of difference between them. Google or Facebook or Yahoo(?) or any other absurdly large tech company with nigh-omnipresence could probably produce a comparable infrastructure. To a significant part of the population, the response to "turn every home inside out and confiscate all guns" is "No, it's too hard", not "No, it's illegal for a good reason".

      The problem is that, going forward, absurdisms such as "post a federal officer in every bedroom" won't be so absurd in practice, especially with regard to the internet. To invoke Orwell, just "post a smart TV(tm) in every bedroom". Or don't even bother, because we can have every cell phone do the job for us, even while switched off. The effort of "post a federal officer in every bedroom" may drop from "impossible" to "$2mil and three months of contractor time, plus 2-3 weeks for deployment". And frankly, I don't think the argument of the Constitution will stand up against that kind of implementation ease at the voting booth.

    3. Re:Bingo. by Anonymous Coward · · Score: 1

      According to US Code Section 43 All Adult Males are in the militia.

      There is another law on the books requiring every member of the militia to own a gun.

      So, I cannot see how the SCOTUS can come to any other determination than gun ownership is a protected right. Those laws were never repealed.

    4. Re:Bingo. by Archangel+Michael · · Score: 5, Insightful

      The People are the Militia, this is already established. This was the Minutemen view, average people to be "ready at a minute's notice". This requires regulation (order, not codes of laws). When read with this understanding, it is almost an imperative of the people to be armed, and ready to revolt against tyranny, at a moment's notice. The state no longer fears the populace, because the populace has become dependent upon the state. We already have the most of the necessary ingredients for tyranny in place. The last bit is taking away the rest of the arms the people have. AND you have the people (a large number) clamoring for "Assault Weapons Ban", "Hand gun ban" at every tragedy.

      Thus, the old quote "They who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety."

      Tyranny, creeps and sneaks upon us and before we know it, we've voted in a tyrant who will not cede power ever. The left feared tyranny under GWB, and the right fears it under BHO, the problem is, both are only partially correct. They miss the point, the ingredients already exist. They hate the other guy's tyrant, but do not rightfully fear their own.

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    5. Re:Bingo. by ai4px · · Score: 1
      Article one, section 8 of the constitution says that congress can't allocate monies for AN army for longer than two years. The idea there is that we don't have a standing army.... yet we do.... every year money is allocated. Have you noticed that since WW2 we've had some skirmish or another at least every other year? After the fall of USSR in 1989, it only took us until 1991 to find Saddam Hussein.

      Now, given that we are not supposed to have a standing army, then the militia would be made of citizens. And those citizens cannot be deprived of the tools they would need to form a militia.

      It's really quite simple. Where it gets complicated is when the government doesn't follow it's own laws. For example, Miller v US 1939 says that if I can demonstrate that a weapon has a use in a militia, the government can't tax said weapon. Yet, people continue to be taxed, arrested and further unconstitutional laws continue to be passed. A felon can never own a gun again, despite having completed his sentence and can only apply to vote but not own a firearm.

    6. Re:Bingo. by spire3661 · · Score: 1

      If you read their papers it is absolutely clear what they meant.

      --
      Good-bye
    7. Re:Bingo. by ganjadude · · Score: 1

      "the right of the people to keep and bear arms SHALL NOT BE INFRINGED"

      how is this not plain language? only to lawyer types is this NOT plain language.

      --
      have you seen my sig? there are many others like it but none that are the same
    8. Re:Bingo. by phantomfive · · Score: 5, Interesting

      The left feared tyranny under GWB, and the right fears it under BHO, the problem is, both are only partially correct.... They hate the other guy's tyrant, but do not rightfully fear their own.

      This, IMO, is the most sadly hilarious thing in American politics today.

      --
      "First they came for the slanderers and i said nothing."
    9. Re:Bingo. by Anonymous Coward · · Score: 0

      "the right of the people to keep and bear arms SHALL NOT BE INFRINGED" how is this not plain language?

      If it was just that phrase, it would be clear in and of itself. However, it is muddied by the militia clause which precedes it. Because of that, "the people" can mean "the people in the militia"

      only to lawyer types is this NOT plain language.

      Funny, because it was lawyer types who wrote the thing in the first place.

    10. Re:Bingo. by Anonymous Coward · · Score: 0

      Hey I hate em all!

    11. Re:Bingo. by Anonymous Coward · · Score: 0

      "the right of the people to keep and bear arms SHALL NOT BE INFRINGED"

        how is this not plain language?

      If it was just that phrase, it would be clear in and of itself. However, it is muddied by the militia clause which precedes it. Because of that, "the people" can mean "the people in the militia"

      And US law defines the Militia as all adult able bodied males under a certain age and imposes no requirement that this Militia meet or train, and US law defines the National Guard as something different than the Militia.

    12. Re:Bingo. by Anonymous Coward · · Score: 0

      You do realize that the constitution is just a few rules written by a bunch of guys that couldn't even begin to imagine the technology we have now, or how much the society would change. How about, instead of debating endlessly what the gods meant when they wrote it, we try to write a new one ? Yes I know it's not easy, and it won't happen, but come on, the constitution is considered as holy, that is ridiculous.

    13. Re:Bingo. by Anonymous Coward · · Score: 0

      However, it is muddied by the militia clause which precedes it.

      Not really. Here, I've created another sentence that says the exact same thing as the 2nd Amendment.

      "The right of the people to keep and bear arms shall not be infringed. Why are we doing this? Because we believe that a well regulated Militia is necessary to the security of a free State. You might not believe that to be the case. Or that might not even be the case at all. But whether or not that is the case, we're still doing it."

      The only people for whom the militia bit is confusing is for those people intentionally trying to circumvent the built-in process for changing the constitution.

    14. Re:Bingo. by runeghost · · Score: 2

      Sadly hilarious is about right. It's "good cop, bad cop" on a national scale, with each side playing the opposite role for their opponents.

    15. Re:Bingo. by Anonymous Coward · · Score: 0

      A basic understanding of english grammar answers your questions completely.

      No, gun owners are not required to be in the military. Nothing in this amendment addresses the draft. The militia is also codified in federal law if you care to read about it.

    16. Re:Bingo. by camperdave · · Score: 1

      Why do so many claim that the second amendment is to protect the people from the state when the amendment clearly says that it is the state that the people are protecting?

      --
      When our name is on the back of your car, we're behind you all the way!
    17. Re:Bingo. by Anonymous Coward · · Score: 0

      The Constitution is the only thing that gives the US Government sovereignty and legitimacy. As long as they are acting outside of the boundries and scope set forth in that document, the US does not have a legitimate government and is not a sovereign country. The US very much has a rogue government, clearly thinking it is above the law, especially its very own highest laws, and is danger to the entire world.

      The current constitution already has laws set in place for changing it, which the neither the populace nor lawmakers want since nobody has suggested it in many years.

      The only way for a "new" constitution to be written would be to dissolve the United States of America and create a new country in its place. As long as the United States of America exists, it must abide by its own Constitution, and without that constitution, its not the United States of America. To suggest we "write a new one" is to suggest an armed revolt to overthrow and burn down the country created by the current one.

    18. Re:Bingo. by Anonymous Coward · · Score: 0

      Well stated. We don't want the other guy's tyrant!

    19. Re:Bingo. by Livius · · Score: 1

      Hilarious despite being accurate.

    20. Re:Bingo. by AK+Marc · · Score: 1

      So we have no right to prevent 6 year olds from owning and carrying firearms into schools? Note, it said the "people" not citizens, nor residents. So if we are invaded, we shouldn't try to take the guns of the invaders. And why aren't there more guns in prisons?

  16. Well, that's the *bleep* point! by Anonymous Coward · · Score: 0

    The *beep* NSA is not supposed to be connecting the dots on everybody without a solid case and a warrant. The constitution explicitly guarantees a basic level of privacy of communication.

    He is asking whether anybody knows a better way to a total surveillance state fundamentally in violation of the constitution. If there is one, nobody in the U.S.A., particularly any government institution, is allowed to take it.

    It's a crime. And he asks whether somebody knows whether there is a better way to commit crimes.

    Of course, who better to ask than the leaders of the organized crime syndicate running the U.S. government?

  17. Well there you have it... GAME OVER, NSA by TheRealHocusLocus · · Score: 5, Insightful

    So, despite its long and productive pre-history as a Black Chamber and special-ops division during the Cold War -- before the dawn of the Internet -- now the NSA claims that the only way they can do their job is to do things we find to be unacceptable.

    Turn. It. Off.

    Thanks for making it easy.

    --
    <blink>down the rabbit hole</blink>
  18. He's got a point by Overzeetop · · Score: 0

    Budget, time frame, method. You only get to chose two, one if you chose poorly or create arbitrary restrictions.

    --
    Is it just my observation, or are there way too many stupid people in the world?
    1. Re:He's got a point by HeckRuler · · Score: 1

      Members of congress, I've been tasked with fighting teen pregnancy. A very disrupting event that destabilizes our nation and induces undue mental, physical, and economic stress on our youths. I was given a $5 million dollar budget with the goal of a 5% reduction this year.

      Now, some of you have questioned my methods. I say to you that if there is a better way of fighting teen pregnancy than shooting all teenagers on site, then let's hear it. If we can come up with a better way, we ought to put it on the table and argue our way through it.

      Budget, time frame, method. You only get to chose two.

  19. Metadata data by Overzeetop · · Score: 1, Troll

    You have it wrong. The 4th amendment protects your data, not your metadata. The fact that you are mailing letters to your co-conspirators is not protected, the content of those letters are. Just because things have been automated does not mean they gain additional protection.

    --
    Is it just my observation, or are there way too many stupid people in the world?
  20. Not On Americans! by Anonymous Coward · · Score: 0

    Go ahead and spy on our enemies. Go ahead and spy on our allies if that's somehow helpful.

    But don't violate American rights because you don't have enough to do.

  21. Don't by mjm1231 · · Score: 2

    If it can't be done without violating people's rights, then don't do it. It's really that simple.

    --
    Ideology: A tool used primarily to avoid the bother of thinking.
  22. WTF by Anonymous Coward · · Score: 0

    So now they are past the stage of denial, and just openly admit they are trashing the Constitution, because they already built their system to work this way, so fuck off.

  23. Pink Slip by Anonymous Coward · · Score: 0

    Mr Alexander should have been handed a pink slip long ago. One of the issues at the NSA is like the FBI under Hoover everyone is afraid of the organization so they do not get the oversight they badly need. Also what they ought to be doing is asking themselves what would Bruce Schneier do?

  24. Where has your outrage been? by Anonymous Coward · · Score: 0

    The NSA has been doing this since well before all of you (okay, nearly all of you) were born. It's right in their mission statement. Where the fuck have you people been. Oh, right - you've been living in near absolute safety while they feed this information to the military to go kill brown people who hate us.

    1. Re:Where has your outrage been? by jones_supa · · Score: 1

      Before we had only very vague picture of what NSA was doing.

  25. Headline should have read by kjshark · · Score: 5, Interesting

    "NSA Director Keith Alexander, testifying before the Senate this week admitted he's not qualified to protect us from terrorism." He said " I have a limited imagination and can only come up with one illegal solution to the problem". This is despite the fact that many terrorist plots have been discovered without violating rights, and his spying solution has failed to stop others. All he has is a hammer so every problem looks like a nail.

    --
    The difference between truth and fiction is that fiction has to be plausible.
    1. Re:Headline should have read by Anonymous Coward · · Score: 0

      Exactly this. Those people are incompetent. But you have to remember who was screaming after 9/11 about 3Letter agencies not being able to connect the dots.
          This is exactly what you requested and Patriot Act facilitated.

  26. Just Stop! by jamesl · · Score: 1, Insightful

    Stop Spying.

    1. Re:Just Stop! by jamesl · · Score: 1

      Presidential Task Force Recommends Overhaul of NSA Surveillance Tactics

      WASHINGTON -- A presidential task force has drafted recommendations that constitute a sweeping overhaul of the National Security Agency, according to people familiar with the recommendations.

      The panel's draft proposals would change the spy agency's leadership from military to civilian and limit how it gathers and holds the electronic information of Americans.
      http://online.wsj.com/news/articles/SB10001424052702304202204579254652728273502

    2. Re:Just Stop! by spacepimp · · Score: 1

      Except Obama already released a statement saying that there will be no such thing as Civilian leadership in the NSA and that they will not be separated from the Cyber command. So nothing is changing.

  27. Don't spy on everyone by Anonymous Coward · · Score: 0

    Spy only on those you have valid reason to need to spy on and you won't have to ask stupid feckin questions like "how can we spy without collecting metadata", because our problems with the spying isn't that it's metadata you're collecting, but that you're spying on anyone and everyone and hoping that some baddies will be found.

    You might as wel lock everyone up in the hopes that some criminals will get caught.

  28. He's right... if his job is to *prevent* terrorism by Aristos+Mazer · · Score: 1

    If his job is to prevent terrorism, he's right... he can't do that without a substantial surveillance dragnet that tramples the 4th Amendment.
    If his job is to investigate and prosecute terrorism after it occurs, he can do that and stay within the Constitution.

    I think he would have to convince his bosses (both the administration and the American people) to be comfortable with a different mandate. Are we comfortable with that? I am -- but then, I'm one of those who believes the risk of a government with that level of surveillance abusing its powers seems to me like a worse environment than one in which another 9-11 occurs every 5 to 10 years.

    There's a balance that needs to be struck. In my opinion, there's an imbalance right now.

  29. Back up... by BringsApples · · Score: 4, Insightful

    Why does this have to be such an extreme set of operation? Why has America slipped into this great fear-based society, that must be constantly defended? If this guy's job is so hard, maybe we should start asking why the job is so hard, rather than how to do the job? Because it just may be that there is no answer for this question, it's the question that's the problem.

    --
    Politics; n. : A religion whereby man is god.
    1. Re:Back up... by Anonymous Coward · · Score: 0

      ... that there is no answer for this question ...

      The answer has been given on slashdot before. The enemy of the USA has changed from North Korea, Russia and Cuba (scary!) to any religious organisation with 50 thousand dollars. Before, it was easy to find North Korea, Russia and Cuba building missile silos but it's not easy to find a gaggle of people building a bomb. This has actually been a problem for a long time; see 'The fourth protocol'. But because of 9/11, the pentagon needs a solution and have chosen typical over-kill by treating its citizens and allies as the enemy.

    2. Re:Back up... by BringsApples · · Score: 4, Interesting

      The answer has been given on slashdot before. The enemy of the USA has changed from North Korea, Russia and Cuba (scary!) to any religious organisation with 50 thousand dollars.

      Ok, if I understand you, you mean to say that since North Korea, Russia and Cuba are places, then they're only capable of building bombs within their own boundaries, but if they're a religious group, then they can easily build bombs within the United States. I call "boogieman" on that claim, sir.

      The enemy of the United States, and every other country, and every other group of people, and every other person in the entire universe, is fear itself. Secrecy creates a platform by which fear can thrive, like mold on bread. That fear can then be used by anyone that has risen above it, on those that value that fear. People like you seem to be one of those that values fear, and tries to reason it out.

      "The very word "secrecy" is repugnant in a free and open society; and we are as a people inherently and historically opposed to secret societies, to secret oaths and to secret proceedings. We decided long ago that the dangers of excessive and unwarranted concealment of pertinent facts far outweighed the dangers which are cited to justify it." --JFK

      "The only thing we have to fear, is fear itself." --Franklin D. Roosevelt

      --
      Politics; n. : A religion whereby man is god.
    3. Re:Back up... by LienRag · · Score: 1

      There's an interesting explanation at the end of Dennis Lehane's "Sacred": basically, because you could not live on what you actually produce, so you have to steal your income from other people and other countries.
      Stealing from poor people on a long-term basis cannot be established without submitting them to a reign of terror, so you end living in fear of them retaliating somehow.

  30. Freedom isn't free by doas777 · · Score: 5, Insightful

    The cost of freedom is that you must acknowledge that you must remain vulnerable to attack. Otherwise you destroy the freedom you are supposedly trying to protect.

    In this case, that the job exists at all is the problem. That makes the solution simple and elegant. The only remaining issue, is accepting that everytime somthing bad happens, we are necessarilly limited in our ability prevent it.

    The government cannot ever make me safe. all they can do is protect my liberties, and over the last 12 years they have been doing a piss-poor job of it.

    1. Re:Freedom isn't free by Anonymous Coward · · Score: 0

      Freedom isn't free

      True - but the illusion of it is on sale in Walmart at low, low prices! (made in China).

    2. Re:Freedom isn't free by Anonymous Coward · · Score: 0

      It is not the governments job to protect YOU or YOUR freedom.

      Both of those responsibilities belong to YOU.

      It is the governments job to protect the government.

      The NSA has always spied JUST LIKE THIS. They did not stop doing it because TECHNOLOGY GOT BETTER. We have known for years about the NSA telephone taps. In the 70's and 80's YOU COULD HEAR THEM.

      This is a tempest in a teapot. Most of you Do not understand what your rights really are and assume they are something completely different than what they actually are. Learn some REAL US Civics, find out what the LAWS really are, then get back to us.

      This is and has been 100% legal. If you do not like that, get congress to change the laws. But these are not "Criminal Investigations" these are SPIES. If you do not understand the difference between James Bond and T.J. Hooker no one can help you.

      Thanks - Please Drive Through.. I SAID PLEASE DRIVE THROUGH!

    3. Re:Freedom isn't free by Anonymous Coward · · Score: 0

      It's nice and all, it might even maybe be true, but if you really expect the public to understand and accept that, then you are a bigger fool than they are.

    4. Re:Freedom isn't free by Anonymous Coward · · Score: 0

      The problem is that now much of this information is now being made available to LEAs and used for criminal investigations, sometimes directly and sometimes through tip laundering via 'anonymous tips' or paid informants.

  31. It's obvious what to do by Anonymous Coward · · Score: 0

    Just subcontract the job to a private company.

    THEY can do whatever they want, no warrants needed.

    Google, Facebook, Twitter etc. are collecting and selling the metainformation anyway.

  32. Cry me a fucking river. by jcr · · Score: 2

    If his job can't be done without violating the fourth amendment, then his job should be eliminated.

    -jcr

    --
    The only title of honor that a tyrant can grant is "Enemy of the State."
  33. classic verbal judo by Anonymous Coward · · Score: 0

    That's a classic "define the argument" tactic. He doesn't want the debate to be "is spying cost effective" or "is spying itself harmful" so he attempts to make the argument about metadata collection, hoping his audience will accept the necessary premise of that argument: Spying is required/beneficial.

    Don't get suckered. It doesn't matter whether the NSA uses metadata, payload inspection, facial tracking, or anything else...what matters is that a surveillance state is harmful to everyone near or under it.

  34. Refactor the NSA by MagicM · · Score: 2, Interesting

    Split the NSA into the Department of Big Brother and the New-NSA. Big Brother collects all the data and tracks everything about everyone, but the data is not query-able without a warrant (and all access is logged and reviewed, and abuse is actually penalized). Then the New-NSA can do their job the way they're supposed to, using warrants.

    1. Re:Refactor the NSA by Anonymous Coward · · Score: 0

      Actually, that has just been suggested... :-)

      http://arstechnica.com/tech-policy/2013/12/obama-panel-says-nsa-phone-spying-records-should-be-held-by-third-party/

    2. Re:Refactor the NSA by medv4380 · · Score: 1

      Really? The NSA is what it is because we didn't want the CIA with that power. All you're suggesting is infinite recursion on the creation of spy agencies.

    3. Re:Refactor the NSA by mrchaotica · · Score: 2

      ... and then abolish the Department of Big Brother, right? 'Cause otherwise your proposal is evil and insane.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    4. Re:Refactor the NSA by Anonymous Coward · · Score: 0

      because it's not like the cia and some of the other agencies don't have the abilities to infiltrate this new organisation and use their folk inside to do their work underhanded? no matter how this turns out we only have the hope a new snowden/manning risks everything to publicise wrong doings.

    5. Re:Refactor the NSA by Anonymous Coward · · Score: 0

      Split the NSA into the Department of Big Brother

      Sorry, it would offend the feminists.

    6. Re:Refactor the NSA by spacepimp · · Score: 1

      The problem is the same here. You just moved the puck and made it another pile for analysis. They'd make the same argument for the new database

      I know the data is in there judge but I can't connect the dots without querying it all...
      So in order to save us all I need to see it all.

  35. Re:He's right... if his job is to *prevent* terror by jcr · · Score: 4, Insightful

    If his job is to prevent terrorism, he's right... he can't do that without a substantial surveillance dragnet that tramples the 4th Amendment.

    He can't do it with that dragnet, either. All this NSA dragnet shit was in place for YEARS at the time of the Boston Marathon bombing, and it wasn't worth shit.

    -jcr

    --
    The only title of honor that a tyrant can grant is "Enemy of the State."
  36. We dont want you to connect the dots by Gothmolly · · Score: 1

    We don't want you to spy on us, period.

    --
    I want to delete my account but Slashdot doesn't allow it.
  37. Alternate method. by fahrbot-bot · · Score: 1

    "NSA Director Keith Alexander, testifying before the Senate this week, got weirdly petulant, asking his critics how he was supposed to do his job without collecting metadata on American communications.

    Easy. Assume we're all guilty until we can each prove our innocence - oh, wait...

    --
    It must have been something you assimilated. . . .
  38. How do I... by hawguy · · Score: 4, Insightful

    While we're brainstorming on this, can someone tell me how to shoplift food without stealing it? Until we solve that problem, I'm going to have to continue to break the law to feed my Doritos addiction, but I really don't see any alternative.

    1. Re:How do I... by Areyoukiddingme · · Score: 1

      Shit. It's 1:00AM and now I want Doritos. You bastard. Couldn't you have had the decency to use a car analogy?

  39. Re:Metadata data by Anonymous Coward · · Score: 2

    The fact that you are mailing letters to your co-conspirators is not protected,

    Not sure I follow.

    Let me put the text here "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

    Not seeing 'only except data we can sorta see anyway'. Which is metadata. Is it really that hard to get a warrant to look for the specific data?

    However, your way breaks the fifth and the sixth. As I am being held to testify for others crimes even though I was not involved at all. I am also not getting an impartial jury (frankly none). You could even make the case they are breaking the first amendment. "and to petition the Government for a redress of grievances." As how do I talk to a secret court to say 'dont spy on me'?

    Our judicial and congressional system has seen fit to ignore it and take it upon themselves to protect us by violating our rights. Both in law and in practice.

  40. How I Learned to Stop Worrying and Love the Google by ErikBird · · Score: 1

    A recent foia request by propublica for emails between NSA employees and employees of the National Geographic Channel over a time period that the TV station had aired a friendly documentary on the NSA resulted in the following response from the NSA (the supercomputing powerhouse) "There's no central method to search an email at this time with the way our records are set up, unfortunately.... [the system is] a little antiquated and archaic." A former employee of the department of labor statistics said that the department's entire data set fits on a single hard drive. Note that in the 90’s the IRS was still using vacuum tube technology. The National Security Agency in the last couple of years just started building modern data centers in Utah. There is abundant evidence provided by the Thomas Drake prosecution and the 9-11 commission report that information management is a problem in the intelligence community. Does google have better information management technology than the NSA? If corporations do have better data on the U.S. economy and population than the U.S. government doesn't it make sense to be governed by these corporations, ie government sachs? Is it not true that he who has the information has the power? And of course doesn't that create a clear “moral hazard”and “regulatory capture” situation as the corporations are regulated by the gov? Regulatory capture is basically when the cops and judges are owned, the book "13 bankers" goes over the issue for wall street. Isn’t corporate control of government part of what occupy wall street activists protested?

  41. Re:Metadata data by the+eric+conspiracy · · Score: 1

    That's not right. Current law (ECPA) allows LEO access without warrant to the CONTENT of emails stored for over 180 days by third parties.

    This is outrageous. It is clearly a violation of a reasonable expectation of privacy if you extent the analogy of physical mail to email. Some members of Congress believe this and have filed legislation to end this practice.

    The other aspect of this is that collection of ALL one's metadata in this age is a very different proposition to collecting the addresses on the outside of a few envelopes. The former provides a very deep insight, the latter quite limited.

    Some judges have expressed opinions of this type, for example ruling that a physical 'tail' on an individual may not require a warrant, however tracking a person by planing a GPS device on their car does.

    And finally the idea of general authorization of any collection activity is something the founders would deny.

  42. Not a problem by Megahard · · Score: 1

    Soon he will be able to fly commercial and just listen for all the info he needs.

    --
    I eat only the real part of complex carbohydrates.
  43. Yes, that *is* the problem by Anonymous Coward · · Score: 0

    Big technical challenge. Huge. Here's a few billion dollars to figure out how to do it within the spirit and letter of the law. Oh, right, we already gave you billions to do that. So, here's another few?

    On the plus side, at least he's finally getting it: that, yes, the public need to have a conversation about what exactly is and isn't acceptable while carrying out the job. Now that the information is out there, that process can finally begin. Don't get frustrated now about something you should have begun to discuss years ago. Engage in the conversation. Don't get exasperated about it.

    If soldiers can have rules of engagement, then you guys should be able to come up with similar principles about obtaining intelligence, and make sure the public is okay with the balance that you have struck. It's not going to be easy or quick, but get on with it.

  44. Hey asshole. by Arkiel · · Score: 1

    Our job is to tell you what you can't do. Your job is to be effective despite this. If you don't have the imagination to do your job without meticulously raping the document you swore to uphold, maybe it's time to let someone else have the chance to do things right. Also, feel free to take a swan dive off a building. Regards, The American People, CC: the rest of the world.

  45. The ends justify the means. by Anonymous Coward · · Score: 0

    Saying "the ends justify the means" is a clear sign of someone is out of control. Read the 4th amendment. It doesn't say, "unless you can't thing of a better way", because everyone knows what that kind of reasoning leads to.

  46. How to collect by KDN · · Score: 2
    Gee, if we could put permanent police in every home in the USA we would reduce crime, but I think there is something unconstitutional about that. There are many options:
    • You have a list of suspects, tap those. And those around them, And maybe those around them. A heck of a lot less intrusive than taping the planet.
    • Pay the telecom people to store the data, and only get the data with a court order. This is similar to how the armed forces pay the airlines to have planes capable of being used by the military in a surge role, but normally run by the airlines.
    • Establish an outside entity. Outside entity will take real phone numbers and give back a unique hash. Telephone companies will send meta data to NSA, but will substitute these hash values for all telephone numbers. On court order, the outside entity will say "john terrorist has has 3141592". NSA will then do the proper searches, and say "we need the user for hash 12345, the outside firm will say its King Roland (spaceballs)". In this way, no single entity is able to abuse the system. They could collude, but it sets the bar higher.

    Now, will any of these solve the problem? No. Will it make everyone happy? No. Like always, security, like liberty. is a compromise.

    1. Re:How to collect by Anonymous Coward · · Score: 0

      The outside entity could be brought down by state power.

      There's a nice little thing in the law. If a business cannot exist without violating one of federal or state law than it must shut down.

  47. Re:Metadata data by Anonymous Coward · · Score: 1

    Except that when collected in bulk, the metadata reveals your data. A few examples:

    "Consider the following hypothetical example: A young woman calls her gynecologist; then immediately calls her mother; then a man who, during the past few months, she had repeatedly spoken to on the telephone after 11pm; followed by a call to a family planning center that also offers abortions. A likely storyline emerges that would not be as evident by examining the record of a single telephone call."

    "The phone records indicating that someone called a sexual assault hotline or a tax fraud reporting hotline will of course not reveal the exact words that were spoken during those calls, but phone records indicating a 30-minute call to one of these numbers will still reveal information that virtually everyone would consider extremely private."

    http://arstechnica.com/tech-policy/2013/08/in-aclu-lawsuit-scientist-demolishes-nsa-its-just-metadata-excuse/

    https://www.aclu.org/sites/default/files/assets/2013.08.26_aclu_pi_brief_and_declarations.pdf

    http://www.cs.princeton.edu/~felten/testimony-2013-10-02.pdf

  48. How about being less tyrannical? by HellYeahAutomaton · · Score: 1

    How about we ask Keith to ask of his people to quit, and tender his resignation voluntarily? No questions asked.

    There, solved that for ya. It would be really easy to lower taxpayer liability by just putting organizations like his on the chopping block, and ending all overseas adventures. Please don't patronize us with your idealistic beliefs in safety -- one could only imagine what D.C. would be like with a Kiev-style protest.

    We're asking you nicely now -- and putting it into public discourse. The next time time, I don't know how nicely people will ask. I think it might get ugly.

  49. How did you spy before, you idiot!? by kheldan · · Score: 1

    Nations have been spying on each other for thousands of years before we had the Internet, wireless telephone service, or even wired landline service for that matter, how the hell did you do your goddamned jobs back then!? Also, stating the obvious here: You do not need to spy on every goddamned one of us you fucking hacks! Get your noses out of our lives you sonofabitch!

    --
    Are YOU using the TOOL, or is the TOOL using YOU? Think about it!
  50. Re:Metadata data by cheekyjohnson · · Score: 1

    The 4th amendment protects your data, not your metadata.

    There is no such exception in the fourth amendment, and those two are the same things.

    --
    Filthy, filthy copyrapists!
  51. Connecting the dots by SirGarlon · · Score: 5, Insightful

    "There is no other way that we know of to connect the dots."

    Given that the NSA utterly failed to "connect the dots" before Sept. 11, 2001, before the shoe bombing attempt, before the underwear bombing attempt, before the Times Square bombing attempt, before Tim McVeigh and Eric Rudolph and Ted Kaczynski and the Boston Marathon bombers, I would say the illegal methods by which trying to "connect the dots" aren't worth a damn, either. Not for their publicly-stated purpose of foreseeing a future terrorist attack.

    If he's talking about "connecting the dots" *after* an attack, then it should be pretty goddamn easy to get a warrant for that investigation.

    --
    [Sir Garlon] is the marvellest knight that is now living, for he destroyeth many good knights, for he goeth invisible.
    1. Re:Connecting the dots by Anonymous Coward · · Score: 0

      What you don't understand is that the NSA is one single entity in the intelligence community which is comprised of many agencies. Each agency has a specific mission set or they focus on specific intelligence. For the NSA that is mainly signals intelligence. There are many documents released to the public speaking about knowledge of portions of the attacks, but since congress makes it a competition to get funding (also everyone wants better numbers) no one wanted to share intelligence at the time. Since then a few things have changed and are still changing to make the IC a sharing community. The NSA just happens to be the most guarded out of any agency due to the nature of the work and their scope.

      I find it embarrasing for the individuals who wrote to get a warrant on the subject being investigated. The problem with that is you first must know EXACTLY who you are looking at. This metadata that is being spoke about in this topic is most likely used for assessing patterns and supporting other collection operations.

      You should also think in a larger perspective, the NSA is a national level agency which focuses on national level threats and can even get to tactical levels. But for the national level threats there are many other things going on than terrorists who come to this country or plan on coming to this country from the various ports of entry. Maybe you guys should think out of the box on that one.

      Please continue to enjoy your ability to be ignorant about the world.

  52. Dear NSA, by Anonymous Coward · · Score: 0

    Your mandate is to monitor foreign signals and communications and disseminate that intelligence to the other intelligence agencies. Please stop wasting your time on monitoring domestic communications (as that's the job of law enforcement, such as the FBI, when accompanied by a warrant), and use that extra man- and computing- power to actually disseminate intelligence to the boots-on-the-ground that need it. At the same time, when some foreign terrorist douchebag decides he is coming to the U.S., please let the boys at the FBI and INS know so they can meet the guy at the airport, before they get to executing an attack on some marathon or office tower.

    Signed,
    (well, you already have the meta-data anyway, so why bother)

  53. Umm ... don't spy (as much)??? by davidwr · · Score: 2

    Choice A: Live in a more free country that is more vulnerable to a surprise attack.
    Choice B: Live in a less free country that is less vulnerable to a surprise attack.

    While I'm not one to say "stop all spying" I am one to say "I'm willing to take my chances at being the next victim of a 9/11-style attack in exchange for greatly reducing the amount of spying."

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
    1. Re:Umm ... don't spy (as much)??? by swilver · · Score: 3, Insightful

      You got Choice B wrong.

      It is:

      Choice B: Live in a less free country that pretends to be less vulnerable to a surprise attack.

  54. Secondary Issue.. by SuperCharlie · · Score: 1

    So apart from the blatant Constitutional shredding, which in and of itself should be plenty to call BS on the whole thing, how about the simple ROI of the whole damn thing? How much money, resources and man-hours have we shit away for practically no public good or protection? I would guess in the billions and growing. This whole ordeal is nothing but a power grab for control. It has nothing to do with safety and everything to do with pure unadulterated power.

    1. Re:Secondary Issue.. by Anonymous Coward · · Score: 0

      So apart from the blatant Constitutional shredding, which in and of itself should be plenty to call BS on the whole thing, how about the simple ROI of the whole damn thing? How much money, resources and man-hours have we shit away for practically no public good or protection? I would guess in the billions and growing. This whole ordeal is nothing but a power grab for control. It has nothing to do with safety and everything to do with pure unadulterated power.

      And how much market cap has been lost as businesses cross US-based service providers and hardware manufacturers off their lists of approved vendors?

      I've got at least one solution for NSA on that point: stop compromising the security of US business interests and start helping them secure their data instead.

      It's a little too late for that now, because nobody will trust NSA for a generation or two. So yeah, "just stop" is probably the best they could do.

  55. NSA Head Asks How To Spy Without Collecting..... by Anonymous Coward · · Score: 0

    Metadata;

    Ask Slashdot

  56. How to do your job? by gmuslera · · Score: 1

    In the same vein, you can kill everyone in the planet, so terrorist won't attack and they won't cause any victims.

    They are not protecting US from attacks, they are attacking them, and everyone else, stripping every human of a fundamental human right, creating enemies and losing allies.

    And this would happen even if the process were done entirely by machines only searching for terrorism. But they are done by men, by for-profit companies, and under orders of politicians that live in a place where money means everything, is guaranteed that it will be used for profit and economic advantage, not for protection.

  57. Maybe by using actual SPIES? by Anonymous Coward · · Score: 0

    gee, you know, with listening devices for single homes/locations and stakeouts and gadgets?

  58. Allow Google Microsoft, Facebook and Twitter by __aagqbi5784 · · Score: 1

    Allow Google, Microsoft, Facebook, Twitter, etc to maintain the "metadata" as they do now. When the NSA wants to search for the contacts of a particular email address, etc, they can ask the corportate overlords to do it. they only do it a few hundred times a year, no problem. We will always give up our privacy for free email accounts.

  59. Re:He's right... if his job is to *prevent* terror by tomhath · · Score: 1
    Part of his job is to reduce terrorism, there's no way it can be prevented 100%.

    As far as we know the NSA, et al has been very good at reducing attacks. Or maybe not, we just don't know.

  60. Re:Why do libertarians complain so much? by spire3661 · · Score: 1

    Even if all you say is true, the government has no right to cast its gaze on things protected by the 4th.

    --
    Good-bye
  61. The way to do the job... by Anonymous Coward · · Score: 0

    The way to do the job, which, by the way, is not to spy on Americans, is to... not spy on Americans.

  62. Duh by Anonymous Coward · · Score: 0

    The answer is, of course, that we should undermine the principles of our free society in order to protect our society from those who hate our freedom. Makes perfect sense, right?

  63. Re:Metadata data by bigpat · · Score: 1

    The difference with the mail is that you are giving your letter to a Federal agency to deliver it to the intended recipient. They know the sender and recipient because you are voluntarily telling them.

    In the case of "business records" kept by a private company or an individual I say they have a right to keep those records private unless the government obtains a warrant.

    Whether it is an individual or a business it doesn't matter. If I have a letter from you in my possession then it is my fourth amendment right to keep that private unless the government has a warrant. But it would also be my right to surrender that letter to the government at their request.

    The parts I object to regarding current practices are the government demanding that letter and forcing me to turn it over and the fact that congress has interfered with private contracts between companies or individuals and other individuals by saying that companies or people are not liable for violating their privacy agreements by complying with government requests for data. If I have an agreement with you that you will not give my letter to anyone without a warrant, then courts should uphold that as a legal contract.

    Companies should be free to refuse demands for data that don't come with a warrant and customers should be free to sue companies if they violate their privacy agreements by conveying specified business records to the government. And therefore companies should be able to compete on the strength of their privacy agreements and customers can decide what level of privacy they want.

  64. Assumtion is incorroct. by VortexCortex · · Score: 5, Insightful

    How am I supposed to spy if we don't collect data?

    The question assumes that spying is needed. This is an unproven assumption. We have no evidence the spying is needed or beneficial, it has been proven only harmful or at best useless.

    We're not threatened by other large nations because we have Mutually Assured Nuclear Destruction. Therefore the scaremongers had to invent a new bogieman: Terrorism. The threat is inconsequential. Falling in the bathtub is a greater threat to American lives than terrorism. You're about 4 times more likely to get struck by lightning than die in a terrorist attack. Accidents and Heart Disease kill FOUR HUNDRED TIMES more people EVERY YEAR than a 9/11 scale attack. When you compare the threat of terrorist attack to any other real threat to human lives their scaremongering doesn't match the facts.

    Six times more people die from the flu every year than a 9/11 scale attack. We need proportional protection. The budget to protect us from terrorists is out of control. The anti-terrorism budget should be AT MOST one sixth of the budget we spend on ant-flu or 1/200th of the anti-accident budget, 1/200th the anti-heart-disease budget. How much does the government spend to protect citizens from lightning attacks? Is it FOUR TIMES the NSA's budget?!

    The government needs no secrets. Our army is big enough and we are powerful enough that we need keep secret nothing. If nothing is secret, you need not fear spies, eh? They've taken the limited power we gave for them to have secrets, and used it against their own people to create a Stasi-like despotic apparatus -- The very thing our soldiers have fought against. Who will answer the call to fight for a government who's action has become indistinguishable from the enemy? The NSA has damaged us, stripped our honor, and shamed us in the world's eyes, our technology sector is suffering due to distrust. The NSA is a threat to national security.

    The people should KNOW they can trust their government. We must not allow them to keep secrets. No one has proved the secrets are needed. We are brave enough to risk 400 times the threat of a terrorist attack by driving to McDonald's for a kid's Happy Meal. The public shouldn't have to wear tinfoil hats fearing government spying of citizens unless the government is also handing out lightning insulation suits. We should be able to prove their actions are not harmful to the people or violations of our constitution. We can't do this if there are secret unconstitutional actions.

    PRISM is not the first spying apparatus. There was Omnivore, Carnivore, ECHELON, Five-Eyes, and more. Remember how the PATRIOT Act granted immunity to the ISPs retroactively for their assistance in violating the 4th amendment? Yes, remember BEFORE 9/11 how the NSA had secret rooms in telco buildings where all the fiber optics ran through -- Where it was apparently split by mirrors to create PRISM? BEFORE 9/11?!?!!?! OK, NSA. Your fucking move. Prove you are not fucking pointless, you fuckers had your decades of spying on all communications and you FUCKING FAILED to prevent the worst terrorist attack we've ever faced! We even gave you MORE powers and you FAILED again to prevent the Boston Marathon Bombing. The ball is in your court to stand down, the evidence is not in your favor, pushing the issue will get you eliminated for good.

    Expensive + Useless = Unnecessary; NSA == Unnecessary.
    I'm a scientist, so before we agree to continue funding for these expensive and pointless pork-spending protection systems, including the DHS, I need hard evidence that they are needed. As it stands the facts prove these expenses should be stripped from the budget and given to health care, and research, or at the very least, NASA. The biggest thre

    1. Re:Assumtion is incorroct. by VortexCortex · · Score: 1

      Forgive the misspeelings, should have coffee before advocating freedom from tyranny. If they ever attack our caffeine, we are doomed.

    2. Re:Assumtion is incorroct. by Dega704 · · Score: 1

      Well said. Of course the NSA's defense to that will be all of the horrible terrorist plots that they have supposedly foiled; which is, of course, a steaming pile of bullcrap, but that is the vague defense they always resort to. Every day I cringe to see how much of the budget is spent on this nonsense while actual important things like education and research are left to wither and die.

    3. Re:Assumtion is incorroct. by Anonymous Coward · · Score: 0

      The people should KNOW they can't trust their government.

      Fixed it for you. It is but Common Sense

      "Society in every state is a blessing, but Government, even in its best state, is but a necessary evil; in its worst state an intolerable one: for when we suffer, or are exposed to the same miseries BY A GOVERNMENT, which we might expect in a country WITHOUT GOVERNMENT, our calamity is heightened by reflecting that we furnish the means by which we suffer. Government, like dress, is the badge of lost innocence; the palaces of kings are built upon the ruins of the bowers of paradise. For were the impulses of conscience clear, uniform and irresistibly obeyed, man would need no other lawgiver; but that not being the case, he finds it necessary to surrender up a part of his property to furnish means for the protection of the rest; and this he is induced to do by the same prudence which in every other case advises him, out of two evils to choose the least. Wherefore, security being the true design and end of government, it unanswerably follows that whatever form thereof appears most likely to ensure it to us, with the least expense and greatest benefit, is preferable to all others."

      Government is but a guard dog for society, if it can't be controlled it needs to be put down, before it consumes the sheeple. Be wary of wolves in shepherd's robes.

    4. Re:Assumtion is incorroct. by Anonymous Coward · · Score: 0

      " The NSA has damaged us, stripped our honor, and shamed us in the world's eyes, our technology sector is suffering due to distrust. "

      Well said.

    5. Re:Assumtion is incorroct. by Anonymous Coward · · Score: 0

      I just cannot help but love a good, ANGRY, well-worded, and properly sourced rant!

    6. Re:Assumtion is incorroct. by Anonymous Coward · · Score: 0

      ... risk 400 times the threat of a terrorist attack ...

      Now proportional protection, pork-spending, new boogieman, the planet's most powerful military are all good points. But there is a hole in the ideology of government control and the nanny state: You are allowed to catch influenza and make other people fatally ill but not build a weapon and kill strangers. Nor catch AIDS and make other people fatally ill; strange that one disease is ignored and another is a crime. People who catch influenza aren't planning to kill others but people who build a bomb are.

      This is the core problem here: No-one is demanding that preventable deaths by disease be prevented; likewise for lightning strike. We need politicians to stop covering their arse. Of course admitting that a murderer is inevitable the same as a lightning strike, runs counter to all our concepts of civilization.

    7. Re:Assumtion is incorroct. by davydagger · · Score: 1

      now that you understand this, how much of a leap would it be to convince you that the same fear mongering about terrorism also applies to "mental illness", "gun ownership", and "drugs"

      Long before we had the war on terror, we had the war on drugs, and if you go by statistics, its been far more of a threat to our freedoms, dignity, etc... than the war on terrorism, and going on a lot longer.

  65. Is he really so foolish or just that obtuse? by Anonymous Coward · · Score: 0

    Does Alexander really not get why people are pissed off? We're not saying the NSA shouldn't collect metadata, we're saying they should be identifying specific targets, obtaining warrants, and only collecting data pertaining to the named targets. I know that's way-outside-the-box thinking for guys like him. The NSA is supposed to be helping to protect Americans, not treat them all as suspects. I'm pretty sure all school children understand the principle of "innocent until proven guilty."

  66. Re:He's right... if his job is to *prevent* terror by Anonymous Coward · · Score: 0

    If his job is to prevent terrorism, he's right... he can't do that without a substantial surveillance dragnet that tramples the 4th Amendment.

    He can't do it with that dragnet, either. All this NSA dragnet shit was in place for YEARS at the time of the Boston Marathon bombing, and it wasn't worth shit.

    That's a misrepresentation. If the NSA would not have been busy collecting a haystack, it could have listened to the Russian agents which explicitly warned them about those terrorists.

    The problem is that the fascination with poking indiscriminately into everybody's life is not just not worth shit, it's actually distracting the NSA from doing its real job, namely following pointers given to them. They were having relevant information about 9/11 and did not follow up on it, the were having very significant information about the Boston bombers and were not following up on it, and the reason for that is that their brightest people are drunk on their plans to find terrorists "without cheating", namely without actually following hints they did not siphon off somebody by themselves.

    And all the focus on eavesdropping has made them incapable of doing what their job is, namely putting two and two together.

  67. Same way by slapout · · Score: 1

    The same way you did it before the metadata was available.

    --
    Coder's Stone: The programming language quick ref for iPad
  68. Supremes also once ruled ... by Anonymous Coward · · Score: 1

    ... that owning another human being as a slave was perfectly legal too, and that it was also unconstitutional for Congress to make any law prohibiting slavery... this was the Dred Scott decision of 1857. It took a new constitutional amendment (the 13th) to overturn that decision.

  69. Scanning or Retention? by Anonymous Coward · · Score: 0

    General, in the case of Landline phones, are you allowed to record every single call on every single circuit without a warrant? No.
    Even if you are allowed all pen logs indefinitely, is it right for you to retain all of them "just in case?" No.

    I don't give a damn if you're scanning every bit of metadata passing through the intertubes looking for particular users, IP, or Traffic, and retain that. (i.e. You've Got A Clue about what you're already looking for.)
    I DO care if you retain all of it for *any* length of time.
    You either KNOW whom you're targeting or you STAY THE HELL AWAY from keeping the data.

    This is private internet traffic you're dicking with, not open imagery data of satellites.

    Why is that so hard to understand, General?

  70. The can is open, the worms are everywhere by Anonymous Coward · · Score: 0

    I know it's fairly unpopular/un-pc to mention it, but Christians (yeah, the fundamentalist bible basher type) have for years pointed to the prophecy in Revelations 13 etc. regarding total world population control.

    Seems record-keeping with the purpose of keeping tabs on a population goes back a long long way. Some claim that was part of Nimrod's empire and the purpose for building the tower of Babel.

    My take is that people in power will always strive to increase their control over a population, to increase their power. The technology is at a point where this has become possible for the world population, at least for those who use any level of technological advancement. Even while you think you need to protest and fight this, it will not go away.

  71. A thankless job. by Anonymous Coward · · Score: 1

    This will probably be labelled as Troll, but it is not. I'm just trying to see the situation from a more neutral point of view than what usually flies these days.

    Simply put, I think Alexander is in a no-win position.

    If he doesn't supply the necessary intelligence, and something happens that he could have prevented, then (1) people die and their blood is on partly on his hands and (2) he's seriously and culpably failing in his sworn duties. Fine, the law says he can't indiscriminately spy on nationals. The very real problem is that it's impossible to know what's indiscriminate and what's warranted until it's "too late". What can they do? Three choices: (a) stop all spying, (b) try to do safe sampling, or (c) weasel around the laws and be indiscriminate. Unfortunately, (a) isn't acceptable if a preventable occurs, (b) is what they claim they're trying to do but that isn't good enough for the public, and we're left with (c) which is unacceptable in a free society.

    The problem is not the NSA, it's bigger than them. It's global, it's political, it's economic, it's social. The current NSA is a consequence in a long line of consequences and in the current situation they're just going to have to be the "bad guy" and do what they're sworn to do. Well, that sucks for everybody. Are we going to fix the political, social and economic issues this year? No? Then don't expect a reasonable, actionable alternative for them to follow.

    Last, I have seen persistent, voluntary attempts by Alexander to generate good will. It's not working, he's got to know it, and yet he keeps trying. Why? Really, there's no need for him to take it on the chin the way he has. Yes, maybe it's a hope that repeating some vague notion of lying enough will help, but if so, the way they're going about it doesn't make much sense. Maybe, instead, he's tried to do the right thing.

    I think they are in a no-win position.

    1. Re:A thankless job. by king+neckbeard · · Score: 1

      It likely is a thankless job. It's also a useless job, at least for the general public. It might help with some corporate espionage that doesn't create any US jobs and doesn't result in any taxes beig paid, but those companies can attempt that with their own money. The public has not been made safer by the NSA, and thanks to their ineptness, we're probably at a much greater danger than we would be if the NSA was nuked from orbit.

      --
      This is my signature. There are many like it, but this one is mine.
  72. Framing by Guppy06 · · Score: 5, Interesting

    Asking for "a better way to do X" presumes that X should be done to begin with.

    "Help us find a better way to torture prisoners!"

    Naturally the Senate didn't challenge him on this presumption just as it didn't hold him accountable for lying to them to begin with.

  73. Shouldn't this make their job easier? by Dega704 · · Score: 1

    As it currently stands, they are gathering more data than they could conceivably know what to do with. Wouldn't they be more effective if they only target actual suspects? No matter how many colossal data centers they build or how many employees they hire, there is no way to effectively put that much data to use. It seems to me that the NSA cares less about being good at what they do and more about collecting more and more data just because they are addicted to the power it gives them. When the NSA chief models his "war room" after the freaking bridge from Star Trek, it says a lot about his mindset on the whole thing. Seriously, I bet that most of their ideas start with something like "Hey, wouldn't it be awesome if we could just tap Google's data center links and get ALL their data?". Everyone has these sorts of fantasies at their jobs; the difference being that the NSA can then proceed to actually DO them because they have been given a blank check to do whatever they want with as much taxpayer money as they need to make it happen. This is getting beyond ridiculous.

  74. U.S. Males are Automatically in the Militia by drnb · · Score: 4, Informative

    Are gun owners required to be in the militia? Is the State free to draft gun owners?

    According to U.S. Federal Law all U.S. able bodied adult males up to a certain age are in the "inactive" Federal Militia. "Inactive" means that there is no requirement to gather or train. Many states have similar laws regarding the state militias. The federal law also makes it clear that the militia is not the National Guard since that upper age limit is increased if a person had ever served in the "active" military forces. The National Guard is an "active" force since it meets and trains regularly and its training is dictated by the U.S. Army.

    Automatically being in the Federal Militia is part of the legal basis for the draft. In a technical sense you are being "transferred" from the inactive militia to the active duty reserve (IIRC) force.

    Also note that there is an inactive reserve, meaning after you leave the military you no longer have to meet or train but the military still owns your butt for some time frame. They can immediately return you to active duty in the event of a pressing need.

    In general the U.S. military has the following components according the federal law (IIRC):
    Regular Forces
    Active Reserve Forces
    Inactive Reserve Forces
    National Guard (normally under command of state, can be transferred to federal authority, training dictated by feds)
    Active Militia
    Inactive Militia (all able bodied males of a certain age range automatically belong)

    1. Re:U.S. Males are Automatically in the Militia by shutdown+-p+now · · Score: 1

      There are also the State Defense Forces - though, of course, they are not in any way under Federal control (but nevertheless federal law defines what they are and their boundaries).

  75. Re:He's right... if his job is to *prevent* terror by jader3rd · · Score: 1

    He can't do it with that dragnet, either. All this NSA dragnet shit was in place for YEARS at the time of the Boston Marathon bombing, and it wasn't worth shit.

    But let's say it prevented 100+ Boston Marathon-esque bombings, because the government stopped it before it got too far. Would it be an acceptable risk then?

  76. "Unfairly Hurt" by Guppy06 · · Score: 1

    U.S. tech companies have been "unfairly hurt" by revelations of NSA surveillance this year, he said.

    First off, considering the degree of collaboration we've seen, I'd say that the hurting (if any) has been more than fair.

    But what really bothers me is that this is all that matters here. It's not that there's blanket spying going on, it's that the revelation is hurting the bottom line of some major campaign contributors. No violin is too tiny for AT&T!

  77. Re:Why do libertarians complain so much? by therealkevinkretz · · Score: 5, Insightful

    What a dolt.

    You don't own the phone lines, either, or the Postal Service, right? But (landline) phone calls, and (snail-) mailed correspondence are long understood to have First and Fourth Amendment protections.

  78. You know, I agree. by holophrastic · · Score: 1

    I agree that the spying is necessary, and I agree that the crossing that line is a reasonable cost of the system.

    I'm not happy about it, but I agree that the state of affairs would be much more expensive to tax payers to avoid my meta data.

    But that doesn't mean you need to store it for decades. So how about this: you have ten days to accuse me of something. After that, you get to permanently destroy anything you have on me.

    I'll even extend that to fingerprints and dna and blood. You want to "rule me out" as a possible suspect? No problem. But then you don't get to keep me on file such that I can come up later, by accident or otherwise.

    And here's the thing. We can easily build it into your current laws under the fourth ammendment. The ten-day-old data requires a search warrant to have, the present-day data doesn't. Done. Then you can easily fight illegal search and siezure after-the-fact if you're ever accused based on old data.

    So that's my idea. It's been my idea for a while.

  79. Hey Keith! I have a few ideas! by whistlingtony · · Score: 1

    We could do actual targeted investigation! The kind where you see a person that's suspect, you get a warrant, you listen to all of their communications, and you record who they're talking to. If it's the local pizza hut, you ignore it. If it's another shady suspect, you get another warrent, and listen to this new guy. If New Guy is just a legitimate carpet cleaning company or something, you ignore that too.

    You could fire some tech guys and hire some people I'll call "agents", who's job it would be to investigate people. Maybe they'd hang out in unmarked cars, plant some high tech listening devices, maybe go undercover and get jobs with the people you'd be investigating. Maybe they'd write up a report saying "Yes, Bob is a terrorist, we need to keep an eye on this guy".

    Or, maybe the odds of me actually getting hurt by a terrorist are so low that I shouldn't worry about it. Or, maybe my magic Anti Terrorist rock is working. I should sell these things!

  80. Transparency by sjbe · · Score: 4, Insightful

    Is he doesn't know how to do his job without violating all our rights then he should be replaced.

    The problem isn't with the mere fact that the NSA is looking for people with bad intentions. That by itself is fine up to a point. The problem is that the NSA and congress and the executive branch refuse to have an adult discussion with the electorate about boundaries and the fact that the NSA presently is not answerable to the electorate. "Trust us" is not remotely sufficient assurance that the NSA is not abusing their power, especially when every indication is that they are behaving badly.

    Some surveillance is reasonable and appropriate but there are boundaries beyond which the government should not step without extremely strict oversight. We have the fourth amendment prohibiting unreasonable searches precisely because governments have a hard time restraining themselves. Ensuring judicial oversight is inconvenient for the government and that is precisely the point of that judicial oversight. Governments have proven time and again that they will abuse power. We understand the need for some reasonable surveillance but that doesn't mean we can or should give carte-blanche to the NSA to do whatever the hell they want. The electorate should have a say in exactly what constitutes "reasonable".

    In a democracy the government is supposed to be ultimately answerable to the people. When you have a secretive branch of government, implementing secret policies, "overseen" by a secret (and apparently toothless) court, with secret findings that are never released to the public, then there is no way for the NSA to be answerable to the people. THAT is the problem.

  81. easy way to deal with this by RobertLTux · · Score: 1

    Go ahead and scoop everything then within 14 days scan everything for keywords (certain terms , endpoints and "persons of interest"). When you are done delete the filtered out info. If you need extra time (to unwind something complex) then GO TO A JUDGE and get one of those inconvenient "warrant" things.

    the 9/11 attack WILL NEVER HAPPEN AGAIN so stop using it as an excuse to use the Bill Of Rights as cheap TP.

    --
    Any person using FTFY or editing my postings agrees to a US$50.00 charge
    1. Re:easy way to deal with this by citizenr · · Score: 1

      Why 14? if 14 is fine then 28 will be fine too, if 28 is fi... and so on.

      --
      Who logs in to gdm? Not I, said the duck.
    2. Re:easy way to deal with this by RobertLTux · · Score: 1

      7 days would be to short and 21 days would be to long

      --
      Any person using FTFY or editing my postings agrees to a US$50.00 charge
  82. Finally a new use by Anonymous Coward · · Score: 0

    Finally a new use for Gitmo.

  83. Rational analysis versus bigotry by sjbe · · Score: 4, Insightful

    Profiling is just another form of indiscriminate metadata.

    "Profiling" is a form of rational statistical analysis with a big social problem attached. If you have a known population of people with a propensity to behave in a certain way, then the rational thing to do is to look closely at that population. It is no different analytically than observing that white people are more prone to sunburns and thus have higher rates of skin cancer. If I worked for El Al Airlines security, it would be stupid to not look a little closer at people of Arab descent from a security standpoint because there is a known threat from some portion of that population. It doesn't mean that all Arabs are a threat (most are not) but it does make for a smaller haystack to search through. Profiling by itself is simply a rational form of analysis BUT there is a big problem with using it for policing purposes.

    The problem with profiling is that it becomes a cover for overt racism. I know very few black people who have not at some point been harassed by police for no reason other than the color of their skin. Sometimes people do behave in ways that should draw attention from law enforcement but it has to be more than solely the color of one's skin or country of origin.

    1. Re:Rational analysis versus bigotry by Anonymous Coward · · Score: 0

      Profiling is using bigotry in place of thought.

      There's no point to it, it only wastes time, alienate those who can help you most (if the proposition of "rag-heads are terrorists" is correct, if not, then you shouldn't be profiling them either) and ensures that there is a known and easily exploited flaw.

      Just plant a cracker with a bomb and you blow the shit out without worry.

      Hell, put a few sacrificial lambs to be "caught" that were never part of a scheme to build up the false security and you can cause extra paranoia to the cracker classes.

    2. Re:Rational analysis versus bigotry by lars_stefan_axelsson · · Score: 1

      "Profiling" is a form of rational statistical analysis with a big social problem attached. If you have a known population of people with a propensity to behave in a certain way, then the rational thing to do is to look closely at that population.

      No. Unfortunately that's not true. Profiling works for very small groups and types of behaviour, or groups and behaviours with a high degree of certainty. I.e. people standing close to the shelf at the supermarket and are glancing furtively left and right are probably shoplifters (specific behaviour that is not common among non-shoplifters), or "don't swim with crocodiles" (they'll try and eat you almost every time).

      None of this is true when it comes to terrorism. Especially when you take the base-rate fallacy into account. Even if all terrorists to date are Arab males age 18-40 (for the sake of argument as that's not true by a long shot), looking at that group exclusively won't catch you any more terrorists since almost none of the Arab males age 18-40 are actually terrorists. Terrorism is just too uncommon. Even though you'll increase your relative certainty by just looking at the aforementioned Arab males, your probability in absolute terms will still be so close to zero as to make the whole endeavour useless. And that's even ignoring terrorist organisations identifying this fact and actively recruiting operatives that don't fit that profile.

      --
      Stefan Axelsson
  84. Level The Playing Field by Anonymous Coward · · Score: 0

    Alexander and his NSA are tools for Obama.

    When Obama Care tanks from lack of money where will Obama go? Use the metadata from Alexander for extortion and money theft.

    Level The Playing Field!

    Alexander wants dirt on every U.S.A. citizen which he hates almost as much as Obama.

    We get the dirt on Alexander, Obama and every tool-employee of the Fed and use it on them as they use theirs on us.

    Simple

  85. Hey, Fuck you Slashdotters by WOOFYGOOFY · · Score: 2, Interesting

    Get real. How else is this national conversation supposed to proceed ? OK so he got petulant- that is if we accept the editors editorializing on the facts- but so what? So the fuck what? This THIS is the back and forth we are desperately looking for and which we desperately, desperately need. Here it is. The director of the NSA openly soliciting for alternative ways to be effective and what does he get? A pile on of cynical snarky comments.

    What does that say? It says you have no idea how to help him do his job. You've got the inflammatory rhetoric and taking offense bases well covered but when it comes down to someone actually doing what you claim you want - solicit the public for input- *tap tap* you're found to be a little thin.

    Imagine his job. Anyone anywhere including malcontents in this nation (the US) could start putting together a doomsday microbe or nanobot or virus or whatever and anyone claiming that those things are possibilities either literally have no idea what they're talking about or have no grasp of the velocity of technology.

    All of human civilization has a problem that's completely sui generis to our times in both magnitude and difficulty. It's that the ascending vector of technological capability and the descending vector representing the number of people it takes to wield that technology in completely arbitrary ways are whizzing past each other with frightening magnitude.

    What are we going to do when all it takes to effect millions of billions of people is five or six like minded people? When the normal instinct for self preservation is absent in those five or six people? What happens when that describes the world ? How do we defend ourselves against that?

    The world , if humans and mammals generally are going to continue to exist on it, is going to have to radically reorg itself with respect to the Big Issues of security, privacy and liberty. Going forward as we always have is a prescription for self-annihilation.

    You may *think* the NSA is doing what it's doing because it's power mad and seeking fascist control over everyone - and that actually IS a danger , is just as Snowden termed it- "turnkey fascism" but in fact we have no evidence that they've involved themselves in running interference in the mundane affairs of making money and political freedoms excepting where they thought it intersected in national security , i.e. Wikileaks - an affair in which I think they took a very wrong turn BTW.

    No the reality is that whatever very real and very dangerous potential for turnkey fascism is implicit in the uber-surveillance they've implemented, it hasn't been realized and that's not their intention. Their intention is to keep very very very bad things from happening.

    So now you have the director of the NSA openly asking for assistance- whatever his tone (which you can imagine is rightly or wrongly likely semi-sarcastic just as your tone would be if some amateurs one day presumed to start telling you how to do your very complicated job) and what ideas do you have that aren't a form of pure rhetoric and which directly address the near-future calamity of Shiva-style power being accessible to any small group of lunatics.

    What we consider our privacy is its present form is not going to survive this century. That's a fact. Either we have some king of incredible transparency on demand for everyone everywhere including the government or we take seriously the notion that we need to change what human beings are and what they're inclined to.

    Neither of those really leaves much room for your freedom and liberty and self-determination and privacy as you understand them today.

    People in the Middle Ages never would have accepted modernity if through some miracle it were thrust upon them suddenly and en toto. They would have gladly died fighting against it. We moderns feel differently about things because we have a concept of our selves and our freedoms and responsibilities . What we have to realize is that w

    1. Re:Hey, Fuck you Slashdotters by WOOFYGOOFY · · Score: 1

      That should have been "kind.. KIND of incredible transparency"... and other typos should be read as expected semantics indicate.

    2. Re:Hey, Fuck you Slashdotters by BringsApples · · Score: 1

      We all understand your pain here, we're actually in this together (not slashdotters, but Americans). The thing is, whatever started the NSA, also started the terrorist groups. Another way that can be said is that whatever started the terrorist groups, also started the NSA.

      It's not a person, group of people, or any one-such "effort" at all, rather the general degradation of our materialistic way of life in the 'West'. Mother Nature has a fix for it that exists in the very fiber of things. When things don't make sense, they fall away from the evolutionary process that is this existence.

      Instances just like this, where someone in a position of, what would appear to be a very a important, role in society and says, "I can't do this" or "it can't be done" (here I think they're the same idea that he's shouting out whether he knows it or not), then we must take a step back and see where things went wrong in the past, revisit the reason that it happened, and make a change to proceed forward - in an effort to make things better.

      --
      Politics; n. : A religion whereby man is god.
    3. Re:Hey, Fuck you Slashdotters by KingOfBLASH · · Score: 1

      Too bad it's not possible to simultaneously mod someone up and down.

    4. Re:Hey, Fuck you Slashdotters by bjk002 · · Score: 1

      Agreed. Good comment. Tell him to hire me, because the answer is clear. They need to operate in the open and be fully transparent, but they do need to exist.

      --
      Opinion:=TMyOpinion.Create(Me);
    5. Re:Hey, Fuck you Slashdotters by HeckRuler · · Score: 4, Insightful

      The director of the NSA openly soliciting for alternative ways to be effective and what does he get?
        A pile on of cynical snarky comments.

      No, the resounding reaction from Slashdot appears to be "GET A WARRANT", "STOP THE DRAGNET", and to stop the illegal wholesale spying on US citizens. Honestly and truly, that's not snark. I'm being serious here. He wants to do X but X is illegal. TOUGH SHIT.

      But you're right. Alternatives are good. How about:
      1) Accept some risk. No matter how much you strive for a 1984 panopticon, you'll never catch all the baddies.
      2) Stop dicking around in foreign affairs. This doesn't help you directly Mr. Alexander, but you could sure point out that the terrorists that flew planes into the world trade towers were from an organization that was trained by the CIA to fight asymmetrical warfare. And we haven't felt the last repercussions of Iraq yet.
      3) REQUEST that ISPs have a streamlined way to accept warrants and divert traffic to the authorities. While I'm against wholesale dragnets, I'm ok with judges giving out warrants where you can prove probable suspicion. For terrorist, all data in connection to the target could be gathered. This is the serious shit here that we pay you for. For other cases of, say, infringing IP law, selective warrants about what data would have to be handled, you know, selectively. And when you have that serious warrant, hell yeah, the ISPs should help you catch the bad guy. But I think that's the FBI's job, not the NSA's...
      4) Clarify the position of the NSA as war-time crypto breakers.

      You may *think* the NSA is doing what it's doing because it's power mad and seeking fascist control over everyone - and that actually IS a danger , is just as Snowden termed it- "turnkey fascism" but in fact we have no evidence that they've involved themselves in running interference in the mundane affairs of making money and political freedoms excepting where they thought it intersected in national security

      That part I actually agree with you. RIGHT NOW, their corruption and abuse of this system has been limited to some minor domestic affairs. But if you give a cop a power and you have little to no oversight to how he uses it, you JUST KNOW that eventually it'll be abused. Come on, learn a little something from history.

      Anyone anywhere including malcontents in this nation (the US) could start putting together a doomsday microbe or nanobot or virus

      First off, nanobot ANYTHING is still science fiction. Cool field of study, but not quite there yet.
      Second, doomsday microbes/viruses? Really? Anyone anywhere could just start doing this? Today? Are you fucking with me? Sure sure, the right people could go cultivate anthrax or make sarin gas, or just a hell of a lot of traditional explosives. But DOOMSDAY devices? This isn't a comic book kid. Rather than boot-stomp everyone who has that capability, how about we treat them with respect and give them a good life so they don't feel like taking us all down in a blaze of glory?

      Seriously, this sort of bullshit just kind of entirely negates your entire post. There's simply no need for the sort of radical changes you think we need to go through.

    6. Re:Hey, Fuck you Slashdotters by porksauce · · Score: 1

      I think his argument is that it will be possible in the future for a few people to cause a lot more damage than they can today, therefore we must gradually transform ourselves into a police state so that we will be able protect ourselves, because we won't be able to turn on a dime from a free society to a totalitarian one once those threats become real. This is perhaps the most reasonable argument that can be made in favor of gathering this sort of data because, as others have pointed out, the current danger of terrorism is very slight relative to taking a shower or driving a car. I'm in favor of taking our chances and resuming the experiment of a free society.

    7. Re:Hey, Fuck you Slashdotters by WOOFYGOOFY · · Score: 1

      1) I am willing to accept 8,000 murdered through conventional means people and still not have any kind of surveillance . That's 1/5 of the number of people who die in auto accidents per anum. After that, perhaps some stepped up surveillance might be warranted, depending on it's exact nature. This is my personal tolerance and it's approximate.

      All above is saying is that *ordinary* means of killing people are relatively ineffective and don't actually pose a threat to our way of life. Extra-ordinary means are entirely another matter. These means will become available to smaller and smaller groups of people over time. Listening to you accuse me of plundering sci fi to produce imaginary threats is amusing, especially on a technology forum, especially given the past 30- years of technological progress, a thing, it is best to remember whose rapidity builds on itself .

      Extraordinary means are coming to a well funded band of sociopaths / religious headcases near you within your life time. It's the scenario that is driving all thinking about security. No one really knows what to do about it.

      2) your just enunciating the classic perspective of American isolationists. Thanks to them we got into WWII almost too late to do anything. Isolationism was rejected as a foreign policy option thereafter. Thus Vietnam which our involvement in which was a failure of intelligence and leadership but not a vindication of isolationism.

      As far as Afghanistan goes, we did nothing to the Talban. We helped them drive the Soviets out then, against a lot of people's better judgement left them alone, as you prescribe, to run their country as they saw fit. The rest is history. Their thank you, America came on 9-11. Charlie Wilson's War implies heavily that it was John McCain who advocated for America just walking away from Afghanistan after the Soviets were driven out.Other people wanted to stay and "nation build" McCain (or whoever) won. The fact is they told us why they attacked us- bin Laden wanted to establish a world wide caliphate. It actually started in Egypt with the assassination of Sadat in a bid to establish an Islamic regime there. bin Laden wanted the US out of S. A. because HE wanted to be it's "protector" and once so established (openly) planned to overthrow the Saudi regime and establish a Taliban -like regime implementing Sharia Law. It's not even a secret, he talked openly about his desire to do that.

      The reason they attacked us is because we ran interference on his plan. If you want to know what we would have had to have done to stop him, he told us. We would have to live under Sharia Law. This is not a conservative fantasy , although they have taken to some hallucinatory position that such a threat is coming from within the US, but I think we can agree that the right is basically insane in this country right now and leave it at that.

      We are in total agreement that one sided pan-surveillance poses a more than hypothetical threat to democracy , in fact, it's a virtual certainty over time, as I understand history at least, that it will subvert democracy. Given the same technological forces which make doomsday scenarios emanating from small bands of religio-sociopathic groups, the ensuing totalitarian regime would be nigh well impossible to overthrow. Something like a miniature version of this is being acted out in North Korea as we speak. THAT is the way it goes with a totalitarian state empowered by technology.

      The most distressing part of your post is this:

      "Second, doomsday microbes/viruses? Really? Anyone anywhere could just start doing this? Today? Are you fucking with me? "

      This is on par with Bill Gates' famous quote about no one needing more than a ^$) kilobytes of memory. I could replicate such quotes ad nauseum in every age for every technology and worse, by the many of the people who ostensibly understand that technology the best. that technology .

      The poster underneath your post has it right. The coming threats will happen so fast, we won't have prepare

    8. Re:Hey, Fuck you Slashdotters by HeckRuler · · Score: 1

      Yeah, I'm with you there. I'd even say that a free society is the sort of thing that keeps people from using these scary new technologies to usher in the apocalypse. I mean, if I was a subjugated to the sort of shenanigans you might find in Glorious Arvastroka, then I might try tearing it all down. I mean, the french revolution had some HORRIFYING repercussions, but in the long run it was probably a good idea.

      because we won't be able to turn on a dime from a free society to a totalitarian one once those threats become real.

      I dunno man, if 9/11 is any indicator, with a sufficient catastrophe it looks like the powers that be can do whateverthefuck they feel like in the immediate aftermath. And then they can do some truly unreasonable things in the following months. And they've got significant leeway for about a decade. Now, eventually people start to come back to their senses and demand the rule of law be respected, but holy shit does it take a long time.

  86. Big Brother is only option by Erasmas · · Score: 1

    If your society is not truly "opt-in", then Big Brother surveillance is the only real option for safety. We (America) let tons of people into our country with all sorts of whacko beliefs (yes, blowing up buildings full of civilians defines you as a "whacko"), and we have lots of homegrown nutters too. Being/becoming a "citizen" is easy, all citizens get the same rights, and everybody gets to vote. Many people never display an iota of civil responsibility, yet they are granted the same "power" (rights + votes) as others who would sacrifice much or all to contribute to the common good. If you make it tough to become a citizen, then all of a sudden you might not need to monitor citizens.

  87. If it's on an American by Anonymous Coward · · Score: 0

    Then get a fucking warrant

  88. Targeted individuals to the NSA_GLOBAL_DATASTORE, by mrflash818 · · Score: 1

    Targeted individuals to the NSA_GLOBAL_DATASTORE, not with the current Orwellian Dragnet, m'kay?

    --
    Uh, Linux geek since 1999.
  89. Separate military and domestic spying by joe_frisch · · Score: 1

    The US separates military and police for very good reasons. We give the military all sorts of devices (grenades, napalm, thermonuclear bombs) that we do not give to the police, but we prohibit using the military as law enforcement inside of the country.

    I believe we should do the same with information. The military gathering information doesn't bother me much if it is ONLY used against external threats. What I mostly object to is military type information gathering used to enforce drug laws, copyright, child porn and other purely internal criminal issues.

    1. Re:Separate military and domestic spying by atomicxblue · · Score: 1

      Case in point, look how well a military government has worked out for Best Korea.

  90. Re:He's right... if his job is to *prevent* terror by Anonymous Coward · · Score: 0

    In my mind the burden to prove efficacy in the reduction or prevention of terrorism rests on the NSA. If they were doing a pretty good job, I think they'd let us know, so we'd get off their collective back. As long as they aren't forthcoming with their actual accomplishments, I'm going to assume it's because they don't have any great accomplishments to speak of.

  91. Oh Noes by Anonymous Coward · · Score: 0

    As has been stated before ... its not just the government that does this. Google, Twitter, Facebook, LinkedIn, Target, Walmart, Amazon - they all collect, analyze, and *sell* your information. They have a complete profile of you, your interests, your life. They sell this data, use it to target you for ads, commercials, flyers, etc. You really think Google and Yahoo aren't reading your email? Of course they are, thats how they generate targeted ads and thats why when you delete an email it just strips the label and puts it in All Mail - so they can continue to parse. LinkedIn has been called out for contact chaining and reading your email. Google has been accused of collecting home wireless data, and they keep going back to court to argue why collecting your personal confidential wireless traffic is legal and why its in your best interest they do it. Get real. The only difference with these situations is youre getting a direct service for this - whether its "opt in" or not. The NSA mission is much larger and more important than capitalism and large companies making money off you. These companies have your complete life profile, accessible very easily. Surprise surprise, lets keep passing the buck and diverting the blame. If the US is really that bad, move to North Korea or Iran or Syria or China ... a place where life really sucks.

  92. As someone who saw what happened in Germany after by Anonymous Coward · · Score: 0

    Namely that basically everyone part of Legislative, Judicative or Executive branches (with some exceptions in the highest echelon of Nazis) was declared "denazified" and reinstated in exactly the same job...

    You will not get rid of the spying bastards by replacing the highest echelon or creating a "new" agency. Not until you have every single last NSA employee and contractor hanging from the nearest tree or lamppost.

    That such behaviour wouldn't be remotely moral as well goes without saying, but you should be aware of it.

  93. Show us the terrorists they've caught by bhspencer · · Score: 1

    I can come up with a better way of catching terrorists than the one they are currently employing. Do nothing. It will catch you just as many terrorists. What has been the benefit to the citizens of the USA for all the money that has been spent and all the privacy we have lost. Show me the terrorists. Show me the plots that have been foiled. Seems to me like all this money has been spent to prevent hypothetical terrorists. Or in other words to defend against an enemy that does not exist. The current system that costs so much and invades so much isn't catching terrorists either.

  94. Re:He's right... if his job is to *prevent* terror by Actually,+I+do+RTFA · · Score: 1

    If they were doing a pretty good job, I think they'd let us know, so we'd get off their collective back.

    The issue is that revealing successes (publically) could easily escalate the arms race they're involved in, leading to them preventing more in the future. It's a real problem.

    I don't have an easy solution for that. If there was a politician I trusted, I'd be happy if he stated publicly that he was briefed in and it was good. Who that would be....

    --
    Your ad here. Ask me how!
  95. agreed! by schlachter · · Score: 1

    You wouldn't believe how many otherwise intelligent people tell me they think it's fine to give up all their rights to the gov because they aren't doing anything wrong.

    Such fools.

    --
    My God can beat up your God. Just kidding...don't take offense. I know there's no God.
  96. Easy by Anonymous Coward · · Score: 0

    It's easy, do what the original programmers of this stuff intended. I can't find the link right now, but I remember something from wired or someplace about a older spook programmer/code breaker who was actually behind most of the tech that was the foundation for all of this.
    In its original design, large amounts of data were still captured, but it used computers to find links, look for key words/phrases, patterns and the like and would then 'float up' data collections that seemed to be 'hits'. All data was encrypted, only very loosely defined tags were attached like 'bomb materials' 'extensive communications with 3 known criminals' etc would be known.
    The intent is that if it turned out to be a legitimate person of interest they would go and get a proper warrant from FISA or whoever saying, yes, we have this guy, calling/emailing/ whatever with these other people who are known criminals and under surveillance, and we followed up and have X,Y,Z evidence meeting reasonable suspicion.
    After the warrant is issued a process is followed the encryption key is produced, they unlock the contents, and view data at leisure.

    The main point is that the system keeps them from just snooping at will, there has to be links to actual known crimes or criminals, there has to be actual suspicious data in the data set, and it is not trivial to get at the data of normal citizens...
    And lastly because of the requirement to get a warrant and decryption key they now have a paper trail in case of abuses.

    He was pushed out of the intelligence community after decades because he made a stink when they tried to push out 'total information awareness' but removed all encryption and warrant requirements.

    It is not really that hard. Debate if the taking of this data in the first place is legal or moral, but there is a way to have such system and at least have SOME protections in place. Just implement the original system

  97. all countries work this way by schlachter · · Score: 1

    of course the wishes of 300M people trump those of the rest of the world, for the american gov. every country should put the rights and safety of their own population over that of the rest of the world. but there are ways to do that without pissing off the rest of the world. i.e. don't get caught, don't push policies abroad that will cause the world to hate.

    --
    My God can beat up your God. Just kidding...don't take offense. I know there's no God.
    1. Re:all countries work this way by mdielmann · · Score: 1

      Of course, working under the presumption that the other guy doesn't matter at all has never caused them to hate you...

      Welcome, the US Diplomacy Corps is to the left.

      --
      Sure I'm paranoid, but am I paranoid enough?
  98. Never Happen by Anonymous Coward · · Score: 0

    Obama will never fire him. He is too good at bleating like a sheep, and saying yes to his ideas.

  99. Principles still require details by sjbe · · Score: 1

    "the right of the people to keep and bear arms SHALL NOT BE INFRINGED" how is this not plain language? only to lawyer types is this NOT plain language.

    The constitution outlines principles but those principles still have to be clarified with specifics. As the old maxim goes, the devil is in the details. What constitutes "arms"? Does that mean I can own a nuclear weapon legally? Is that reasonable? If it is not reasonable where is the line between what is a reasonable arm to carry and an unreasonable one? Are my rights infringed upon if I cannot keep a nuclear weapon? What constitutes "infringement" with regard to keeping and bearing arms? Does bearing arms mean that I can carry them in a manner that threatens others?

    I'm not even a lawyer and it is pretty easy to point out that the second amendment needs a LOT of clarification to be useful in a civil society. Same for every other part of the US Constitution.

    1. Re:Principles still require details by cheekyjohnson · · Score: 2

      Does that mean I can own a nuclear weapon legally?

      Sure, why not? Don't like it? Amend the constitution.

      --
      Filthy, filthy copyrapists!
    2. Re:Principles still require details by Anonymous Coward · · Score: 0

      Agreed. Sure, it's probably a bad idea to let the KKK or the WBC stockpile nuclear weapons. But you know what's a worse idea? Saying "screw what the constitution says about X, lets just ban it". Because if you do it for an amendment you hate, you don't get to turn around and say "hey now, maybe we shouldn't be so hasty" when someone else wants to do it to an amendment you like.

    3. Re:Principles still require details by sjbe · · Score: 1

      Sure, why not? Don't like it? Amend the constitution.

      Why not allow everyone to own a nuclear weapon? That might be the most unbelievably stupid statement anyone has made here on slashdot and that is saying something.

    4. Re:Principles still require details by cheekyjohnson · · Score: 1

      It looks to me like you misinterpreted what I meant. I see no reason why the 2nd amendment would forbid such a thing. If you don't like it, amend the constitution.

      --
      Filthy, filthy copyrapists!
  100. Get the telecoms to spy for you. by Bill_the_Engineer · · Score: 1

    1) Make the telecoms, ISPs, VOIPs, search companies, etc. liable for their technology being used to commit a terrorist attack.

    2) Offer immunity from liability if they actively search for possible terrorists activity on the networks (They could probably do it better anyway).

    3) Have an "electronic hotline" that make it possible for the carrier to report the suspicious activity.

    4) Request warrants to follow leads produced from the hotline.

    Hell Google and Facebook can spy on their customers all they want since the customers give them permission in order to use the service. Just make it cost effective for them to report criminal activity to the authorities.

    --
    These comments are my own and do not necessarily reflect the views or opinions of my employer or colleagues...
  101. Wrong argument by sjbe · · Score: 1

    You cannot have complete security and freedom.

    No one is arguing that, or at least no one reasonable is arguing that. The problem is that those providing the "security" refuse to have a discussion with those they are charged with protecting regarding what constitutes reasonable surveillance. Instead we have a secret and unaccountable organization apparently running rampant over civil liberties and doing whatever they want in what seems to be blatant violation of at least the spirit of the Constitution if not the letter of it.

  102. The courts have punted on this issue by sjbe · · Score: 1

    They aren't actually breaking the law now with metadata collection. The courts have ruled on that.

    No they have not. The courts have punted on the issue by claiming that those who have brought suits lack standing. Basically because we cannot prove the classified activities of the NSA have harmed us the courts refuse to consider whether the NSA is violating the law. Basically the courts are saying that unless the NSA does something really stupid publicly, they can take away our civil liberties at will. This leaves us in limbo because Congress will not act for fear of appearing soft on terrorism and the Executive branch gains in power from the inaction of the other two branches.

  103. Lets say it hasn't. by Anonymous Coward · · Score: 0

    Lets say it hasn't prevented any Boston-Marathon-esqu bombings.

    It's not acceptable.

    No need to give then an inch.

  104. Door agents by Anonymous Coward · · Score: 0

    They could collect a ton of real life meta data that way!

  105. Ask a cop by Anonymous Coward · · Score: 0

    Pretty much any cop.

  106. NSA has been super effective by Anonymous Coward · · Score: 0

    Well, the 0.1% are still in power, aren't they? They are nervous about the intentions of the 99.9% and need an agency to keep an eye on them. They don't want a repeat of 1789 all over again.

  107. Metadata is considered phone company data ... by drnb · · Score: 1

    They aren't actually breaking the law now with metadata collection. The courts have ruled on that. You might wish they were, but they aren't.

    If they're searching the communications (or "papers") of American citizens ...

    That's the point, metadata collection is not supposed to include the content of conversations. The metadata collected is not considered the citizen's data, it is being considered the phone company's data. What two phone numbers were connected and for how many seconds. That is all the metadata is **supposed** to be.

    That said, I am not claiming that two phone numbers and a time duration are all that has been collected without warrants.

  108. Excuse me... by Anonymous Coward · · Score: 0

    You should have typed "...their every action"

    - Your Friends at the NSA

  109. Alexander is a dick by DougDot · · Score: 1

    He got a well-deserved heckling at BlackHat this summer: http://www.businessinsider.com/keith-alexander-gets-heckled-at-black-hat-2013-7

    Harrison's Postulate - "For every action there is an equal and opposite criticism"

  110. Routing information is public ... by drnb · · Score: 2

    The fact that you are mailing letters to your co-conspirators is not protected,

    Not sure I follow.

    Let me put the text here "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

    Not seeing 'only except data we can sorta see anyway'. Which is metadata.

    Note the words "secure" and "search". The addressee on the envelope is in plain sight. It is not considered secure nor is a search required to discover it. Basically the idea in that this routing information has been made public. This is what the courts have determined. This idea got extended to email, the routing information, to and from fields, have been made public. Now the content of the email, that is supposed to be like the content of the envelope, private until a warrant is obtained.

    For phones the two numbers connected are considered public routing information and the conversation itself the private contents.

    I am not a lawyer and the above is just a casual paraphrasing.

    1. Re:Routing information is public ... by Anonymous Coward · · Score: 0

      You missed this part of my rant Our judicial and congressional system has seen fit to ignore it and take it upon themselves to protect us by violating our rights. Both in law and in practice.

      I know what they have said and ruled. I still think it is wrong. When I call someone I would expect no one else to know about it. When I send a letter I would expect the postman to keep his mouth shut (that is why I paid him) unless they get a warrant.

      Your argument is saying so long as I can see it is public. Just because you can see it does not mean it is not private. For example lets say a girl decides to undress and accidentally leaves the windows open in another room with a mirror and everyone outside can see what she is doing. Does she have an expectation of privacy? Most normal people would say yes. Someone trying to split hairs would say no.

      Also you are picking apart a sentence and then trying to twist it around leaving out the rest of it. To use what you said 'secure' and 'search'. You left out "secure in their persons, houses, papers, and effects" and "against unreasonable searches". Meaning "my correspondance is my own, buzz off even if you can read it" and "you want it you get a warrant". If you let people cherry pick particular words out you can twist it to mean whatever you want. In this case they twisted it to mean 'yeah we can look at it anyway and use it against you'.

    2. Re:Routing information is public ... by drnb · · Score: 1

      Just because you can see it does not mean it is not private.

      That seems to be precisely where the courts have drawn the line between no warrant required and warrant required, "in plain view".

    3. Re:Routing information is public ... by cheekyjohnson · · Score: 1

      This idea got extended to email

      Which makes absolutely no sense even if you think their phone metadata argument made sense. Allowing the collection of metadata for phones doesn't make sense, either. It's a convenient excuse for oppression.

      --
      Filthy, filthy copyrapists!
    4. Re:Routing information is public ... by drnb · · Score: 1

      Basically the idea in that this routing information has been made public ...This idea got extended to email

      Which makes absolutely no sense ...

      How is that? The routing information, addresses on snail mail envelope or to/from fields in the email, must be disclosed to 3rd parties for routing and delivery.

    5. Re:Routing information is public ... by cheekyjohnson · · Score: 1

      Disclosing them to 3rd parties is not the same as saying, "I want the government to look at this!" Hell, even your data itself is disclosed to 3rd parties. Using this logic, it would be perfectly okay to look at the contents.

      The government is supposed to be under the people's control. It is not at all unreasonable to greatly limit its access to our information, and the information of companies.

      --
      Filthy, filthy copyrapists!
    6. Re:Routing information is public ... by cheekyjohnson · · Score: 1

      It's possible for the government to install surveillance equipment in people's houses. That this is possible does not mean they aren't violating people's privacy. Most people don't even see others' "metadata" (which is just data to begin with) at all, and it's not "in plain view".

      --
      Filthy, filthy copyrapists!
    7. Re:Routing information is public ... by cheekyjohnson · · Score: 1

      And they have to use specific equipment to capture all this, anyway, or at least get the companies to surrender the information to them. That doesn't sound like something that's "in plain view" to me. In plain view to the government, maybe!

      --
      Filthy, filthy copyrapists!
    8. Re:Routing information is public ... by Areyoukiddingme · · Score: 1

      But when you get right down to it, a search is required to find a particular paper letter in a mass of other paper letters while it's in the post office system. To find it in a mailbox after delivery, the mailbox must be opened. Or in other words, searched. Email is even less accessible. A server hard drive must be searched, either at the originating end or the receiving end, and one message extracted from potentially millions of others. The contents of those hard drives are not public. If yahoo.com's hard drives were public, David Kernell would not have committed any infraction at all for reading Sarah Palin's email. So tell me why is he doing a year in prison on a felony conviction? Want to bet he would have been convicted even if he had only read the headers of her email and not the contents? Or how about this. Why can't I access amazon.com's hard drives and find out the dates and weights of all your orders, and your address? It's "only metadata." It isn't the contents of the box. It's not even a description of the contents of the box. It's just routing information. Maybe because that data isn't public?

      Public data means your neighbors can read it at will. Real estate ownership information is public. Felony convictions are public. Probated wills are public. Judgements are public.

      Telephone call routing information is not public. Letter routing information is not public. Packet routing information is not public. Email routing information is not public. Package routing information is not public. Metadata is not public.

      Access by an third party is not necessarily the same as public, and in the case of all shipping and communications mediated by a private third party it's definitely not, and the Supreme Court should be ashamed of themselves for ever claiming it is, in any of these contexts. The Supreme Court was wrong and should reverse themselves.

    9. Re:Routing information is public ... by drnb · · Score: 1

      But when you get right down to it, a search is required to find a particular paper letter in a mass of other paper letters while it's in the post office system.

      That analogy is off on a tangent, we are not talking about intercepting a particular letter or email. The topic is recording meta data, in other words recording the addresses on the front of an envelope. My understanding is that letters already go through optical sorting, the envelope imaged and recognition is applied to the address. It would take little effort to record that address.

      ... If yahoo.com's hard drives were public, David Kernell would not have committed any infraction at all for reading Sarah Palin's email. ...

      That is an even worse analogy, even farther off on a tangent. No one is talking about reading the contents of mail or email. That has been made clear repeatedly in this thread. All that is being discussed is the recording of the meta data, to and from addresses.

      Telephone call routing information is not public. Letter routing information is not public. Packet routing information is not public. Email routing information is not public. Package routing information is not public. Metadata is not public.

      "The Mail Isolation program is really just a super-beefed-up version of the USPS "mail covers" program that has been around for about a century, explains the Times. Mail covers are warrantless requests for photos of the outside of specific recipients’ mail. Basically, a law enforcement agency fills out the request, and for 30 days (extendable to 120 days), it receives scans of all mail related to the subject of the request. Only the outside of the mail is provided, as opening mail would require a warrant. Authorities maintain that no warrant is needed for information on the outside of a piece of mail, as there can be no reasonable expectation of privacy. The USPS can deny a mail covers request, but rarely does."
      http://www.techdirt.com/articles/20130703/12551523709/old-school-metadata-still-being-harvested-usps-turned-over-to-law-enforcementsecurity-agencies-request.shtml

      Going into an ISP and recording all the to/from fields or going into the phone company and recording all the phone numbers connected in a call would seem analogous.

    10. Re:Routing information is public ... by Anonymous Coward · · Score: 0

      Note the words "secure" and "search". The addressee on the envelope is in plain sight. It is not considered secure nor is a search required to discover it. Basically the idea in that this routing information has been made public.

      Is that so ?

      So any employee in such mail-handling companies would be allowed by law to copy such information just because he likes to do it as a hobby or even for the higest bidder (any head-mounted camera would be good for that job) ?

      No ? Would he most likely be "let go" when caught ? Why ?

      And if that is so, why than may some other "person" (company/gouverment entity) do exactly that, in wholesale quantities ?

      Something stinks here, and it aint my underwear.

  111. So all ISPs are government institutions? FOIA then by Anonymous Coward · · Score: 0

    Oh, you were talking bollocks, were you?

    So sorry.

  112. Looking at you is how probably cause if found ... by drnb · · Score: 1

    There's no legitimate reason for them to study me

    There is no constitutional prohibition against investigating you. Looking at you is how probably cause for a warrant is found. Certain things you say and do are considered public information, in "plain sight". My understanding is that routing information that you shared with a 3rd party falls into this plain sight. Routing information being the addresses on an envelope, the to/from fields of an email, the two phone numbers in a telephone call, ... The content of the envelope, the email, the phone call, that's a different story and where a warrant becomes necessary.

  113. Foiled plots cited by bussdriver · · Score: 1

    Every foiled plot I've heard about at any depth (not mainstream media) has been some kind of entrapment scheme setup by the FBI. Some of which I don't oppose, because it is good that the bomb dealers you do find are likely undercover agents but they've often been going too far in the ones cited as great successes. We have morons who lock themselves out of their faulty car bombs or can't set their crotch bomb off or can't even blow off their own leg with the tiny amount of explosive in their shoe that continue slip past Big Brother.

  114. How do I do my job? by Anonymous Coward · · Score: 0

    You do via detective work, numbnuts.
    Regular police have required a court order before they can legally invade someone's privacy for ages and they've been managing just fine.
    Stop being lazy and start being smart.

  115. False Dichotomy by rsborg · · Score: 2

    You cannot have complete security and freedom. You may want your cake and to eat it to, but it is impossible. Since providing complete security is impossible all by itself, I choose freedom. I believe the only reasonable compromise is that the government can monitor Americans only with a court order. There is no need to spy on grandma, and it is a waste of resources with no tangible benefit anyways.

    It's ridiculous that you're presenting this as a dichotomy. It's false. Why were there so few attacks on the US prior to 9/11 and so few afterwards despite the rash of changes to how we collected information on all Americans?

    From what I can tell, security is orthogonal to privacy. Security is doing proper detective work, targeted information collection, and

    No one is saying that we should throw away the logs and make everything anonymous (well, not very many people). What is at issue is that these logs are being mined on a continual basis which leads to the amazingly depressing leaks exposed by Snowden and the unbelievable ex-girlfriend snooping that even low-level analysts have power to do.

    That. Should. Not. Be happening on a daily basis against large groups of innocent Americans. That's at issue here. Contrary to the concocted reality posed in The Dark Knight, the authorities do NOT need a real-time panopticon in order to find and defeat the Jokers of the world. That's fantasy. Otherwise, we'd be praising all this data gathering as our quality of life improved due to the sudden lack of car bombings and terrorist attacks since this information gathering policy was set in place. No, quality of life due to reduced violence and terrorism has been unchanged (or taken a turn for the worse depending on whom you ask) - it's not simply not a result of

    What is more likely is that more threats to the political and business status quo have been found and rooted out. Threats in this context == valid non-violent protest groups, anti-corporate saboteurs and non-malicious hackers.

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    1. Re:False Dichotomy by Wookact · · Score: 1

      Perhaps I was not clear. I am NOT in favor of spying on Americans unless there is a specific warrant for that information.

  116. To find a needle in a haystack... by MajorCatastrophe · · Score: 1

    ...you need to start with the haystack.

  117. It's Quality that matters not Quantity! by Anonymous Coward · · Score: 0

    I'm no logician, but I know that false positives and false negatives are lower when irrelevant information is not included. Given that each instance of 'suspicion' requires human resources to judge validity, and to determine the next course of action, it's pretty clear quality is key. Human resources are also much less than the data gathering capabilites the NSA has. If General Alexander can't understand that then he's not only a perjurer but an megalomaniacal idiot as well.

    IMHO the threat to the US from 'terrorists' is so miniscule that I dismiss it entirely. I worry more about the erosions of my civil rights and the costs of endless 'wars' on tactics, drugs, crime, etc. The Constitution and the Bill of Rights are pretty clear about our rights and specifically provide protections against what the NSA engages in. We're also not limited to them alone they just happen to be the principles upon which the US was founded. I'm of the opinion that what's good enough for us is good enough for everyone else in thye world too. That means that the US should treat everyone on an equal footing in regards to basic human rights.

    Perhaps General Alexander should be reminded of the oath he took when he entered the military. It's probably too late to reverse course now though huh?

  118. Sigh by ledow · · Score: 1

    Nobody should really question WHAT you did. It's how you did it.

    Blanket doing it to everyone, in foreign countries even, interfering with people who are of no interest but yet still collecting far more than just metadata, storing that data indefinitely for no good reason, doing it all without any sort of oversight, controls or court orders, and then acting nonchalant when it's pointed out that, technically, you've broke just about every law going including those designed FOR YOU to stop terrorism - that's what people are complaining about.

    Not that you can link Joe to Fred using their phone records.

  119. We don't need the NSA! by runeghost · · Score: 1

    This is yet another straw on what should be a dead camel with a broken spine. Gen. Alexander needs to be fired (and possibly put on trial), while the public and their representatives in Congress debate whether an organization like the NSA is wanted or needed. (My answer is not just no, but Hell, No.)

  120. Re:He's right... if his job is to *prevent* terror by ImprovOmega · · Score: 1

    He can't do it with that dragnet, either. All this NSA dragnet shit was in place for YEARS at the time of the Boston Marathon bombing, and it wasn't worth shit.

    But let's say it prevented 100+ Boston Marathon-esque bombings, because the government stopped it before it got too far. Would it be an acceptable risk then?

    No. Millions have fought and died for our freedoms. I would not be willing to give them up for a couple of thousands civilians who tragically died. And in following your hyperbole to the end - if we were having 100+ similar bombings a year we would be drone striking the ever loving fuck out of whatever country we remotely thought was behind them. I'm not saying rollover and take it, I am saying don't let them wipe their asses with the constitution and tell us it's okay because their shit smells like roses.

  121. ... He has a point. by Karmashock · · Score: 1

    First, I want our rights protected. I am not advocating for this guy or any other to violate our rights.

    That said, the point he's making is that if he doesn't do that he can't actually track the communication. The NSA is not the FBI. They don't need a court order to track the communication of a terrorist. They're enemies. Just as the army doesn't need a court order to shoot a guy. They just need marching orders.

    So here is the NSA with their mission of tracking spies, terrorists, and various other enemies of the American people. Many of our enemies are clever and will disguise or hide their communications. How do you sift through it all to find what you want?

    Seriously... anyone have a solution here?

    How does the NSA do its job... and lets face that we do need something LIKE the NSA. Whether you like them or not... if we destroyed them we'd have to make something like them all over again.

    So how do we do it?

    I don't think I have the ideas either.

    I think the best we might be able to do is set some rules for the NSA's conduct that guard our rights. Then establish some kind of internal affairs system that audits the NSA at intervals and prosecutes them if violations are found. Such a group would have to be independent of the President. Possibly under the judiciary or congress.

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  122. They are incapable of doing real detective work. by Anonymous Coward · · Score: 0

    Russia gave us a clear head's up about the Boston Marathon bombers. The older brother may have actually been involved in a previous murder.

    Where was the CIA, NSA, FBI, Police? Behind their computers, reading grandma's e-mail, and tapping her phone.

  123. Context by rsborg · · Score: 1

    And enhance!

    Context for those who don't get it: http://www.youtube.com/watch?v=JMIHNiR3CP8

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    1. Re:Context by wonkey_monkey · · Score: 1

      Actual context for whippersnappers, dagnabbit: http://www.youtube.com/watch?v=qHepKd38pr0

      --
      systemd is Roko's Basilisk.
  124. Re:Metadata data by drinkypoo · · Score: 1

    You have it wrong. The 4th amendment protects your data, not your metadata.

    If the NSA knows who is engaging in unpopular speech, that acts as a chilling effect. Thus, the NSA is infringing our first amendment rights to free expression.

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  125. The question itself is idiotic. by Anonymous Coward · · Score: 0

    Q:"NSA Head Asks How To Spy Without Collecting Metadata?"

    This is like asking "How can we commit our stabby murders without using your kitchen knives to stab you with?"

    Answer: /*DON'T*/ Spy on US, and /*DON'T*/ use OUR metadata.
    We don't care if this makes your job difficult, because I don't even see the point of your job existing, imbecile.

  126. Constutionality by Anonymous Coward · · Score: 0

    If your job requires constant violations of the constitution, or even one violation ever, it shouldnt exist in the first place.

  127. is he high? by Anonymous Coward · · Score: 0

    profile anyone who wears a klan hood, or ss uniform, or anything else that says "i in whole or in part endorse an ideology which includes hate and violence, which has in the past driven people to act out extreme acts of violence", or personally says something similar with their own words. then get a warrant and tap their phone. tap the phones of their associates based on those calls, etc.

  128. They don't get it by msobkow · · Score: 1

    Given the pathetically few cases of terrorists being intercepted and the billions spent, people don't want to be spied on at all. It's not worth the loss of privacy and freedom. It's not worth the outrageous expense. It's not paying off.

    We want the whole of the NSA fired.

    --
    I do not fail; I succeed at finding out what does not work.
  129. Sounds awfully responsible. It think it is time to by Anonymous Coward · · Score: 0

    "We have to clearly define again what the responsibilities of the government are"
    "We have to tell the government they aren't responsible for preventing every single bad thing in the world. That is the only way we can revoke their right to do whatever it takes to attempt to achieve that impossible goal."

  130. I have two ideas... by Anonymous Coward · · Score: 0

    1) get a warrant
    2) [REDACTED]

  131. Why is that guy not in prison ? by Anonymous Coward · · Score: 0

    He has lied to the congress, under oath.

    He has violated the Constitutions of the United States of America.

    If you or I do that, we would find ourselves behind bars.

    Why is that guy not incarcerated yet ?

    WHY ???

  132. This, but more extreme! by s.petry · · Score: 1

    The real problem is that there is no longer a Democrat or Republican party, except in title. Playing lip service is as close as it gets, but both are passing policies that move us further and further into tyranny (not even socialism). Whether that comes about as Fascism, Authoritarianism, Oligarchy, etc.. makes no difference to the populace. It only makes a difference to the few that pull the strings in that form of Government.

    Anyone that claims Obama is a savior ignores his actual track record. Syria, Libya, Somalia, Iran, et al show that he is not for world peace. TPP shows he does not give a shit about US Citizens welfare (not the check, the term). His extensions to DHS, TSA, and the NSA shows that he does not care about rights domestically. His pursuit of journalists critical of his policies shows he does not care about truth or honesty. His appointments of corporate heads and lobbyists to cabinet posts shows that nothing will change in the right direction.

    We could make a very similar list about Bush, or Clinton, or Bush, or Reagan, or Carter, etc.. going a long way back.

    The way out is to remove money from politics and get middle class Americans in these positions. That is the hard part, because a vast amount of people believe what media tells them and believes that they should be lorded over by people the media presents as "perfect". Long road, but we have to make the jump to it sooner or later, and later gets pretty bloody.

    --

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

  133. He meant to ask "How can I rape people ... by Anonymous Coward · · Score: 0

    without fucking them."

  134. It's like asking, "What is due process?" by symbolic · · Score: 1

    Seriously - for the entire history of this country, we've had laws that say, "first you suspect someone of committing, or conspiring to commit a crime, THEN you spy on them." What's not to understand?

  135. stop the hypocrisy by PC_THE_GREAT · · Score: 1

    Everyone knows the NSA is a spying agency, you pay to feel secure that some agency is spying on terrorist or rival countries for you, isn't it a bit unfair to throw stones at the guy now, he is just doing his job. It is not as if he shall have to magically "come up with information", dirty things needs to get done to get the information needed, don't act like you didn't know the purpose of the NSA and don't act as if it is a surprise that americans had to be spied on, because you don't know where the enemy lies, most people would probably have just played dumb and ignorant if NSA's secret haven't been unveilled due to recent events, so why such rage now? Dismantle the organization if you fear for your privacy that much, then don't complain after attacks, maybe there are much better ways at being offensive or defensive without having to actually "spy" on people, why complain but still keep a big spy agency running? Spying to a kid's term is actually "stealing of information because of incompetency". Why simply not try to be better instead of having to infiltrate. Live and let live. Because if there is going to be some attacks on your civilization, then there probably will be, spying might help in knowing or preventing? by why not build better defense or frameworks to capture patterns of incoming attacks, the concepts of "spy" is an outdated model when we have so much processing power that can be used to anticipate attacks based on patterns in public informations.

  136. Face it by fyngyrz · · Score: 1

    How does Constitution work?

    The constitution doesn't work. Specifically because there is no penalty for the legislators and judges who violate its terms -- and their oaths. This has led directly to such legislative absurdisms as "intrastate" effectively becoming "interstate", the implementation of ex post facto laws where punishments are increased retroactively, the almost complete subversion of the 2nd and 4th amendments (among others), and the usurpation of article three powers by the judiciary.

    Without completely honorable legislators and judges (and that's not going to happen, power attracts the dishonest like crap attracts flies), the only constitution that will work is one that has the teeth to keep the greedy and power-mad in line. Until or unless we can get to such a constitution, things are going to continue to go downhill just as rapidly. Or in other words, you're wasting your time.

    --
    I've fallen off your lawn, and I can't get up.
  137. Your imperialist fantasies by fyngyrz · · Score: 1

    we simply are not allowed to swear out warrants or make arrests in Pakistan

    JFC. I don't give the south end of a northbound horse what happens in Pakistan. Further, we have NO AUTHORITY to interfere with, or monitor, what happens in Pakistan, any more than the Pakistanis have authority to interfere with or monitor what happens here. But when something happens here, that's when our various apparatus should swing into action.

    clandestine surveillance (since US constitutional protections don't apply there).

    No, the laws of the invaded country apply there, and one hopes they hang the malefactor when they catch them.

    --
    I've fallen off your lawn, and I can't get up.
  138. Or give him more legal elbow room ... by golodh · · Score: 1
    Keith Alexander was being rhetorical, I think. What he means (as I understand it) is this:

    (1) the NSA must be able to detect, identify, and trace people who are involved in threats to state security or criminal acts on basis of their communications

    (2) one of the main (and indispensible) tools in such work is social network analysis, i.e. who talks to whom and how often. If people communicate a lot, or if they communicate little but highly significantly then they form a social network and are probably working together

    (3a) you don't have the ability to detect and identify social networks on basis of communication unless you have the ability to collect metadata from anyone (i.e. you install technical means to tap everything)

    (3b) it's impossible to reliably detect and identify social networks on basis of communication alone without actually using those taps to collect all metadata from everyone.

    (4) therefore having reliable detection capabilities and not hoovering everyone's metadata are mutually exclusive.

    (5) So unless you allow the NSA unrestricted collection of metadata (including that of all Americans), you prevent the NSA from doing its job

    You can agree or disagree with him here (and you're invited to do so) but you either refute this line of reasoning or you accept that you are preventing the NSA from doing its job.

    And unless you can refute this reasoning, you end up deciding whether or not to give up certain liberties (i.e. online privacy) in order to gain security. The point being that you will run an additional risk unless you give up those liberties.

    Now that's a decision the voters can and should make I think. After all, they're the real stakeholders, not the organizations.

  139. How should I get wat I want otherwise ? by Anonymous Coward · · Score: 0

    .. asking his critics how he was supposed to do his job without collecting metadata on American communications.

    Well, I need to go on vacation at least 6 times a year, otherwise I simply cannot function as a human being. For that I go out and steal from and rob people for whatever money I need as I cannot think of another way to gather the needed ammount. If you know how I can get what I think I need in any other way than please tell me.

    Oh, one small sidenote: If any of those methods you suggest mean that I will need to put more effort into gathering that money either your idea isn't anything worth to speak of, or you need to reimburse me for that extra effort.

    Bottom line: You need to make certain that whatever you suggest will enable me to simply continue what I was doing, including growing to seven vacations a year.

    As for me simply stopping stealing from people and being content with just one (or maybe two) vacations a year ? No way, I already said need those vactations to keep functioning.

    As for that money ? If you really think that its yours to keep you should keep it at home, and not bringing it to public places or leave it behind in someone elses hands (like with banks, creditcard companies, etc.). In such cases you have no reason to expect that others cannot simply take it off your hands, now do you ?

    </sarcasm off>

  140. Yep by mrflash818 · · Score: 1

    for the entire history of this country, we've had laws that say, "first you suspect someone of committing, or conspiring to commit a crime, THEN you spy on them." What's not to understand?

    Exactly!

    --
    Uh, Linux geek since 1999.
  141. Outside the box.... by Gallomimia · · Score: 1

    Here's an idea: stop bombing other countries and maybe they'll stop wanting to commit acts of terrorism against citizens of the US?

    --
    Sadly, a Libertarian cannot force his views on another, and freedom cannot spread as does the cancer known as religion.
  142. Simple: this isn't your job if... by Anonymous Coward · · Score: 0

    Simple: this isn't your job if you must wholesale violate the constitution and effectively destroy everything it means to be an American!!

    It's like a thief asking how he can make a living without stealing! Simply: you have no right to that job morally, legally or ethically.

  143. Limits on this time machine by Anonymous Coward · · Score: 0

    A wiretap warrant used to permit the cops to look into what you are doing after the warrant is issued.

    In this brave new world, before the warrant is issued is fair game as well.
          It seems reasonable that the founding fathers never consider this.
          Which says we don't know if they would have considered this reasonable or not.

    Note that this is a separate question from the balance of power from an all knowing govt.
            (The likelyhood that this could have prevented them from founding the nation makes this more knowable.)

    A statue of limitations is a well known concept in our laws.
        It would seem that this brave new world should include this concept.
            Which should limit the time the NSA can keep their dragnet information.
              One year seems a good limit for these extraordinary means.

    (My guess is that there is a statistical diminishing return for old stuff anyway.)

  144. a better way by Anonymous Coward · · Score: 0

    I guess you can stop killing in other countries and increasing enermies.
    It's good for the economy too.

  145. Fire This Fool by Anonymous Coward · · Score: 0

    Quite simply, the answer is targetted and proportionate intelligence gathering followed up, or initiated by human intelligence gathering. Also much stricter oversight on 'sting' operations to make sure they are not being used to shimmy office bods up the career ladder. In brief get your pussy asses out from under your desks and do some real work. It really isn't
    as hard as you think to connect the dots if you do the job you are paid for rather than taking the lazy way out. Let's see you be the heroes you are capable of being!

  146. How about? by atomicxblue · · Score: 1

    Good, old fashioned detective work and getting a warrant after there is probable cause to wiretap US citizens?

  147. Given who we think are terrorists... by obscuro · · Score: 1

    ... the NSA director is right about what he needs to do his job.

    Wired has an article about the threats the NSA has to worry about:(sarcasm) http://www.wired.com/dangerroom/2012/10/insider-threat/

    Here's an article about our potential terrorist veterans: (sarcasm) http://www.washingtontimes.com/news/2009/apr/16/napolitano-stands-rightwing-extremism/?page=all

    Here's a list by paranoids: (sarcasm) http://thetruthwins.com/archives/patriots-and-christians-have-been-repeatedly-labeled-as-potential-terrorists-since-obama-became-president

    --
    Every rule has more than one consequence.
  148. Re:Metadata data by Overzeetop · · Score: 1

    Fair point, however it is no different than watching who comes and goes from a printing house, or who owns a printer and regularly sends out large bundles of packages via courier to the village down the way and then everyone in that village starts talking about the imposition of having British soldiers stationed.

    Rebellion is not a safe life, whether freeing your country from the monarchy, or the world from blasphemous western heathens, or guarding your porn collection from your mother.

    --
    Is it just my observation, or are there way too many stupid people in the world?
  149. Wrong Question by Elixon · · Score: 1

    We ask them not to spy on us and they turn it around and ask us how to spy on us so we don't consider it as spying? Are they stupid or what?

    --
    Well, I've got to get back to work. When I stop rowing, the slave ship just goes in circles.