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NSA's Legal Win Introduces a Lot of Online Insecurity

Nerval's Lobster writes "The decision of a New York judge that the wholesale collection of cell-phone metadata by the National Security Agency is constitutional ties the score between pro- and anti-NSA forces at one victory apiece. The contradictory decisions use similar reasoning and criteria to come to opposite conclusions, leaving both individuals and corporations uncertain of whether their phone calls, online activity or even data stored in the cloud will ultimately be shielded by U.S. laws protecting property, privacy or search and seizure by law-enforcement agencies. On Dec. 27, Judge William H. Pauley threw out a lawsuit filed by the American Civil Liberties Union (ACLU) that sought to stop the NSA PRISM cell-phone metadata-collection program on the grounds it violated Fourth Amendment provisions protecting individual privacy and limits on search and seizure of personal property by the federal government. Pauley threw out the lawsuit largely due to his conclusion that Fourth Amendment protections do not apply to records held by third parties. That eliminates the criteria for most legal challenges, but throws into question the privacy of any data held by phone companies, cloud providers or external hosting companies – all of which could qualify as unprotected third parties."

239 comments

  1. The insecurity right now by Anonymous Coward · · Score: 5, Insightful

    The insecurity is on the side of the NSA.
    They wouldn't go through such hoops if we didn't have the most powerful freedom tool ever, namely the Internet.

    Use it properly and they shall vanish.

    1. Re:The insecurity right now by Anonymous Coward · · Score: 5, Insightful

      Name a single innocent person who has been affected by the NSA.

      Just about everyone in the US, unless you believe that freedom and the constitution don't matter. You also can't disregard future abuses, and as history shows, they're inevitable. You people who believe the people in the government are perfect beings are so disgustingly naive that I'm not sure how you even exist.

    2. Re:The insecurity right now by deconfliction · · Score: 4, Insightful

      The insecurity is on the side of the NSA.
      They wouldn't go through such hoops if we didn't have the most powerful freedom tool ever, namely the Internet.

      Use it properly and they shall vanish.

      You are right. But the problem is that the ISPs will not allow you to use the internet properly (e.g. hosting your own data on your own server at home, thus giving it the strongest possible U.S. 4th ammendment 'papers' protection.

      http://cloudsession.com/dawg/downloads/misc/kag-draft-2k121024.pdf
      http://arstechnica.com/information-technology/2013/07/google-we-can-ban-servers-on-fiber-without-violating-net-neutrality/
      https://www.eff.org/deeplinks/2013/08/google-fiber-continues-awful-isp-tradition-banning-servers
      http://crossies.com/pissed.html
      http://arstechnica.com/information-technology/2013/10/google-fiber-now-explicitly-permits-home-servers/
      http://www.mcclatchydc.com/2013/08/01/198327/googles-call-for-open-internet.html

    3. Re:The insecurity right now by kthreadd · · Score: 1

      The ISP that I have at home permits me to run servers from my connection. I suggest you either change ISP or put pressure on them to change their policy.

    4. Re:The insecurity right now by davester666 · · Score: 0

      an obvious group are the victims of sexint, though, i suppose being the girl/boyfriend of a terrorist does make you a valid target.

      --
      Sleep your way to a whiter smile...date a dentist!
    5. Re:The insecurity right now by Anonymous Coward · · Score: 5, Insightful

      Freedom is more important than safety. Remember how this is supposed to be "the land of the free and the home of the brave"? No? Then perhaps you're too trusting of the government.

      History also shows that invasions, terrorism, and spying against our country are inevitable.

      Such is life. In order to be free, we have to take some risks. That's what happens when you're free.

      I'll take those risks over your police/surveillance state any day.

      The constitution's meaning isn't determined by what is in your head.

      No, it's determined by the constitution. Try reading it sometime, and while doing so, try to avoid letting government propaganda destroy your ability to interpret it properly.

    6. Re:The insecurity right now by Bartles · · Score: 1

      Hmm. Did you feel the same way in 2005 when we had mass protests in DC against the NSA monitoring phone calls to Pakistan? Or does a different President make a world of difference?

    7. Re:The insecurity right now by the+eric+conspiracy · · Score: 1

      Many ISPs will let you host servers. For example if you are a Cablevision Ultra 50 subscriber you are good to go.

    8. Re:The insecurity right now by Anonymous Coward · · Score: 5, Insightful

      Oh, look. An NSA shill posting AC on Slashdot. Didn't see that coming!

      Name a single innocent person who has been affected by the NSA.

      Besides everyone that has the constitutional right to not be searched without probably cause and warrant? How about the companies that were being spied on for economic purposes? Were they big winners from that? No? How strange.

      How about the big tech companies (such as anyone in cloud computing or cryptography) that took a major hit as a result of the leaks? You think they are happy that they are losing money now that people know how insecure these systems really are? How about Google/Yahoo/Microsoft/etc. that are suffering the same backlash on top of needing to invest a lot more resources to fix holes that the NSA was exploiting? What about RSA?

      How about Lavabit and Silent Circle? These are just two examples of businesses that were dismantled because of legal pressure. They are completely legal businesses.

      How about anyone that isn't actually doing anything wrong, but our government decides to harass/blackmail/defame anyways? We know that the NSA will find your porn and be more than happy to tell everyone about it. Blackmail is NOT OK!

      We also know that the NSA has been writing and distributing malware. How about TorMail or any other (legitimate) service provided by Freedom Hosting? We know that the FBI confiscated the servers, but the NSA helped with installing malware on any connection and siphoning data regardless of whether or not the user was attempting to access a legal service or not. Hell, we even know that the NSA took part in hacking consumer Tor nodes to initiate a MITM attack in the hope that they might be able to track someone unrelated.

      I think I've made my point. I could keep going, if I had to. There is a hell of a lot of people being wronged by this program, but lets turn your own game on you.

      Name a single innocent person who has been affected by the NSA.

      It's your turn. Name a single person or incident that has been stopped, hindered, or investigated in relation to terrorism from the NSA's programs. Trick question, we already know that there isn't any These programs have nothing to do with terrorism, so get your head out of your ass and stop pretending that it's OK for the government to infringe on our rights for their own personal gain.

    9. Re:The insecurity right now by Anonymous Coward · · Score: 0

      the problem is that the ISPs will not allow you to use the internet properly (e.g. hosting your own data on your own server at home

      That's a pile of bullshit. ISP's don't give a shit about private servers on home service connections, and most don't even care if they're public as long as it's not a "business grade" server.
      And even if they do, that's for residential "buffet style" internet access, every ISP in the country will happily sell you a business account where you can run servers 24/7.

    10. Re:The insecurity right now by Holi · · Score: 2

      It does? Can you show me the line that says the government can pass any law and it is constitutional, or even the part that says the Supreme Court gets to decide?

      No? I didn't think so because the Constitution doesn't say it.

      --
      Sorry, teleporters just kill you and then make a copy. A perfect, soul-less copy.
    11. Re:The insecurity right now by phrostie · · Score: 1

      William H. Pauley was Nominated by Bill Clinton https://en.wikipedia.org/wiki/William_H._Pauley_III

      You remember Clinton and Gore. They gave us Eschelon and NSAKey.

      Just saying

    12. Re:The insecurity right now by deconfliction · · Score: 2, Interesting

      the problem is that the ISPs will not allow you to use the internet properly (e.g. hosting your own data on your own server at home

      That's a pile of bullshit. ISP's don't give a shit about private servers on home service connections, and most don't even care if they're public as long as it's not a "business grade" server.
      And even if they do, that's for residential "buffet style" internet access, every ISP in the country will happily sell you a business account where you can run servers 24/7.

      And what are the price differentials the residential user sees if they purchase that "business grade" service? What if the only feature of the business grade service they were interested in was not having their home server's traffic discriminated against? (i.e. not needing more 9s of uptime or any other part of the 'business grade' service). The answer is an absolutely ridiculous premium in price, often by a factor of well over 100%. This is a convenient way for the established internet giants to prevent home hosted servers from competing with the services they provide with their servers connected to their endpoints of 'the internet'.

      What such 'business grade' service is really about, is about the ISPs getting to 'take a cut' of any profitable innovative home-hosted server based business. And it's a 'cut' that is entirely unjustified based on any actual expense the ISP incurs (the home hosted server is still regulated by the same bandwidth policies as any youtube-addict uploading gigabytes of lol-cat videos). Basically the issue is entirely about the concept of how "net neutrality" was supposed to level the playing field for all server operators connected to the internet, by forbidding arbitrary traffic discrimination, that was tantamount to network operators demanding an extra tax on profitable/valued internet traffic.

    13. Re:The insecurity right now by Anonymous Coward · · Score: 0

      The Constitution says that any law that is passed by the legislative branch and signed by the executive branch IS constitutional until the SCOTUS says otherwise.

      Bullshit. The constitution gives no such power to the court.

    14. Re:The insecurity right now by ganjadude · · Score: 4, Informative

      Last I checked it said

      anything NOT in the CONSTITUTION is up to the STATES, NOT the federal government. Perhaps you should try reading it again. I recommend you start with the 10th amendment to clear up your ill informed understanding of the constitution

      --
      have you seen my sig? there are many others like it but none that are the same
    15. Re:The insecurity right now by ganjadude · · Score: 2

      ill take the bait, yes, I did. I didnt like it when bush abused the constitution and i sure dont like it when the man who ran as "not bush" takes things even further

      --
      have you seen my sig? there are many others like it but none that are the same
    16. Re:The insecurity right now by ganjadude · · Score: 1

      mod this post up

      --
      have you seen my sig? there are many others like it but none that are the same
    17. Re:The insecurity right now by Anonymous Coward · · Score: 1

      The "Necessary and Proper Clause" Article 1, section 8, clause 18.

      "To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof."

      The constitutionality of a law is binary...it is either constitutional or unconstitutional. There is no middle ground. Only the Supreme Court can deem something unconstitutional. Therefore, all laws are constitutional, until proven unconstitutional.

      A constitution by its very definition expresses what the government can do and what the people cannot do. Any legislation that is passed either gives the government powers or restricts the people from doing something. The government is only allowed to do what the laws say it can do. The people can do anything they want that is not explicitly against the law. To protect the people from 1 or 2 branches of the government from getting out of control the Judicial Branch was given absolute authority over all laws.

    18. Re:The insecurity right now by 93+Escort+Wagon · · Score: 3, Informative

      Name a single innocent person who has been affected by the NSA. NSA is not the threat, it's the maniacs that for example leave bombs at public sport events or goes shooting at a school.

      I'm sure that, back in the 1700s, if you'd complained to a Loyalist about how a British soldier could just choose to search an American colonist's house on a whim - they'd have given you a similar answer. Which, by the way, was one of the reasons the Founding Fathers thought the Fourth Amendment was necessary...

      But it's also funny how, in trying to defend the NSA, you chose to use examples where it's obvious they completely failed - despite having these overarching broad powers.

      --
      #DeleteChrome
    19. Re:The insecurity right now by Anonymous Coward · · Score: 3, Insightful

      That's paradoxical. How could something that's blatantly unconstitutional only be constitutional whenever the Supreme Court feels like getting around to it? We do such things because it's the 'best' way we knew of, not because the Supreme Court is automatically right or everything is automatically constitutional. The Supreme Court has even overruled itself in the past. In reality, when people say that something is unconstitutional, they're saying that it violates the constitution. You can try as much hairsplitting and appealing to authority as you like, but you're not going to convince me that what's happening is anywhere near constitutional. Give it up.

      I would think people living in a country that opposes blind trust of authority figures would understand that much.

    20. Re:The insecurity right now by lister+king+of+smeg · · Score: 4, Insightful

      History namely the Boston bombing also show that the government surveillance is utterly useless when applied to terrorism even when it is given plenty of warning by other nations. So if said surveillance is ineffectual against terrorism why is it still need.

      what is it useful for? creating a police state.

      those who would give up essential liberty to purchase a little temporary safety deserve neither

      No where in the constitution does it say that it is governments job to keep me safe, it is my job to keep me safe, it is the governments job to ensure my freedoms and liberties are preserved not to infringe upon freedoms themselves.

      --
      ---Saying gnome 3 is better than windows 8 not so much a compliment as it is damning with light praise.
    21. Re:The insecurity right now by Gr8Apes · · Score: 5, Insightful

      A constitution by its very definition expresses what the government can do and what the people cannot do. Any legislation that is passed either gives the government powers or restricts the people from doing something. The government is only allowed to do what the laws say it can do. The people can do anything they want that is not explicitly against the law. To protect the people from 1 or 2 branches of the government from getting out of control the Judicial Branch was given absolute authority over all laws.

      The Constitution was designed to explicitly state what the federal government could do. It left everything else to the states and the people, with the exceptions that there were certain things that even the states could not overrule, namely, those enumerated in the Bill of Rights. Within those constraints, the government should have no additional powers without an amendment. Collecting all data is an expansion.

      --
      The cesspool just got a check and balance.
    22. Re:The insecurity right now by Anonymous Coward · · Score: 1

      Article 3 Section 2. Where do you think Judicial Review comes from? Unless you believe in a strict interpretation of the Constitution and then the Supreme Court will not be able to save you from government surveillance since the Constiution did not explicitly say that the Supreme Court could do this. You can't have it both ways.

    23. Re:The insecurity right now by Anonymous Coward · · Score: 0

      If enough people want it, more amendments/laws can be added to close the loophole and stop this from happening.

    24. Re: The insecurity right now by Anonymous Coward · · Score: 0

      LOVINT

    25. Re:The insecurity right now by Mister+Liberty · · Score: 1

      There's a sucker born every minute. Now do the math and see how many smart people you pleased.

    26. Re:The insecurity right now by Creepy · · Score: 4, Insightful

      let's not forget that the NSA's charter explicitly prohibits them from spying on Americans, which they've admittedly done with this program (including American to American communications, which are not exempted by the Patriot act).

      My understanding is this program has been invaluable to the FBI for getting warrantless information on suspected drug offenders or dealers (where they typically have to request a warrant), but I've heard nothing about it stopping terrorism in any way.

    27. Re:The insecurity right now by cold+fjord · · Score: 4, Informative

      Freedom is more important than safety. Remember how this is supposed to be "the land of the free and the home of the brave"? No? Then perhaps you're too trusting of the government.

      Or maybe you simply ignore parts of the Constitution that aren't your favorite. If you bother to read the constitution, you see entire sections devoted to the question of providing for the security of the United States. If fact you could make the very reasonable argument that freedom of the individual citizens was assumed and it was security, national defense, that had to be explicitly provided for. Many of the specific guarantees regarding various freedoms are not in the text of the main document itself, but are "add ons" in amendments. The main text of the document, the Constitution, is concerned with explicitly describing authority related to providing national defense and powers of the Federal government.

      The simple fact is that various aspects of security and freedom are tied together. A nation that is conquered by a foreign invader will not be free. A nation that has a breakaway region faces enormous questions as to its fate. If lawlessness in your city is such that you have reasonable fear for your life or limb by leaving the building where you live, what true freedom do you have? If pirates are taking your citizens as slaves, you are failing to protect their freedom, and yet it isn't clear you would be troubled by that since ".... we have to take some risks. That's what happens when you're free." Would you protect the freedoms of American citizens, either protecting or freeing them from pirates? I have no confidence in that.

      On the whole I find your argument "freedom is more important than safety" to be ill considered, at best, since most people I see making that claim here tend to resolve it towards the direction of "therefore we cannot tolerate steps taken to provide for security, at all," even if not explicitly stated.

      Benjamin Franklin said, "We must all hang together, or assuredly we shall all hang separately." I think if we look closely at the arguments of those who claim we must only have freedom, and any steps towards security are too many, that they are in effect saying, "Hang the lot of you, but stay away from me." If there was a guarantee that they would be a "canary in the coal mine," the first to be hung to give the rest ample warning, it might be worth considering. But there is no such guarantee, so we must provide for both.

      The Constitution of the United States

      Article. I.

      Section. 8.

      To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;

      To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

      To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

      To provide and maintain a Navy;

      To make Rules for the Government and Regulation of the land and naval Forces;

      To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

      To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress; ....

      To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

      Section. 9.

      The Pri

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    28. Re:The insecurity right now by tomhath · · Score: 1

      Boston bombing? You mean the two brothers who packed two pressure cookers with fireworks?

      I can't see how any amount of surveillance could have called them out as an imminent threat. NSA is concerned with threats that will kill thousands of people, not a couple of punks.

    29. Re:The insecurity right now by Anonymous Coward · · Score: 2, Insightful

      Boston bombing? You mean the two brothers who packed two pressure cookers with fireworks?

      I can't see how any amount of surveillance could have called them out as an imminent threat.

      They were explicitly told about the brothers, and they decided to not follow up on the investigation. They're not interested in terrorism. They're interested in political machinations. The Feds including the IRS are focusing all attention on guiding elections now.

    30. Re: The insecurity right now by Anonymous Coward · · Score: 0

      You are severely downplaying the ability to determine who the bombers were after the fact and who their associates are.

      I can argue how intrusive intelligence gathering should be, but if it worth doing or not, there is some horrible logic in display here.

    31. Re: The insecurity right now by Anonymous Coward · · Score: 0

      I wont moderate up anyone accusing those who disagree with them as shills, having been here through the whole M$ shill period.

    32. Re:The insecurity right now by symbolset · · Score: 2

      The whole purpose of the Constitution is to prevent just this sort of shit. That's what it's for.

      --
      Help stamp out iliturcy.
    33. Re: The insecurity right now by Anonymous Coward · · Score: 1

      It is well known that our government ("our" being American) has been running a misinformation campaign for some time; even before the NSA leaks, and even before repealing the anti-propaganda law. Some of their agents have even been exposed posting here on Slashdot.

      You can call them whatever you want, but pretending they don't exist is just willful ignorance.

    34. Re:The insecurity right now by Anonymous Coward · · Score: 1

      The government has no power to violate people's rights in exchange for safety. If the government wants to keep people safe, they have to do it in ways that don't violate people's rights or the constitution.

      Move to North Korea already.

    35. Re: The insecurity right now by YumoolaJohn · · Score: 4, Informative

      The only people with horrible logic are those that support this type of surveillance. They also have an awful grasp of history and are disgustingly naive.

    36. Re:The insecurity right now by cold+fjord · · Score: 0

      Move to North Korea already.

      You apparently have no useful views on the subject of the Constitution or personal liberty. Save your breath and typing.

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    37. Re:The insecurity right now by cold+fjord · · Score: 1

      They were explicitly told about the brothers, and they decided to not follow up on the investigation.

      They dropped the ball, period.

      They're not interested in terrorism. They're interested in political machinations.

      Please provide evidence that the NSA and FBI are involved in that.

      The Feds including the IRS are focusing all attention on guiding elections now.

      The IRS needs to be roasted by Congress and reformed. There is no evidence that the FBI and NSA joined in that I know of. I'd love to see it if you know of any.

      The IRS Scandal, Day 232

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    38. Re:The insecurity right now by cold+fjord · · Score: 2

      History namely the Boston bombing also show that the government surveillance is utterly useless when applied to terrorism even when it is given plenty of warning by other nations. So if said surveillance is ineffectual against terrorism why is it still need.

      A single failure by government invalidates an entire approach? Should we close the Post Office for missed deliveries? If your passport is delivered late to you, shutter the State Department? NASA blew up some rockets as part of the space program, should they have stopped on the first failure? The Union Army lost a lot of battles at the start of the Civil War, should the US have just let the Southern states go, as well as let them keep their "peculiar institution" of slavery?

      what is it useful for? creating a police state.

      Do you have any evidence that political oppression is occurring due to the NSA's actions? By what police agency? What offenses are people being changed with? How long are they going to jail for? Or is that made up?

      those who would give up essential liberty to purchase a little temporary safety deserve neither

      Your boldface was defective, I corrected it for you. Now I ask you, what essential liberties have been permanently given up?

      No where in the constitution does it say that it is governments job to keep me safe, it is my job to keep me safe

      You're quite mistaken there. The Constitution explicitly authorizes the creation, funding, organization, and regulation of the army and navy by Congress. It appoints the President as Commander in Chief of the Army and Navy, and of the militia when called into Federal service. It grants the government the power to fight wars and put down insurrections. It even grants the government the power to suspend Habeas Corpus when necessary due to invasion or insurrection.

      You might be a mighty warrior indeed, but even a platoon of Marines has you beat every which way. Or are you claiming that is all unnecessary?

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    39. Re:The insecurity right now by Cyberax · · Score: 2

      Name a single person saved by domestic NSA data collection.

    40. Re:The insecurity right now by Anonymous Coward · · Score: 0

      There is this.

      Sounds like they are willing to send out fake emails to try and frame people who are outspoken against them. I have heard similar stories numerous times, but have yet to see actual evidence it is the NSA doing this. But I will take the word of a random web blogger over the word of the NSA currently.

    41. Re:The insecurity right now by VortexCortex · · Score: 2

      Name a single innocent person who has been affected by the NSA. NSA is not the threat,

      I am a scientist. That is an unevidenced claim. Prove it. Ah, but the mathematics of information disparity show that you can not prove a secret agency is working in the public benefit. Prove the NSA is not still doing COINTELPRO.

      These secret organizations are known to do evil. COINTELPRO seeks to control the socio-political space by discrediting or silencing "radicals" like civil rights and anti-war activists. Martin Luther King was considered "radical". The privacy rights activists (those advocating removal of all government secrecy) are considered radical. What does the NSA think of radicals? Hey, let's COINTELPRO them.

      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.
      - John F. Kennedy

      Funny thing in common about radical thinkers like Kennedy, MLK, and John Lennon: They got assassinated.

    42. Re:The insecurity right now by Anonymous Coward · · Score: 0

      > invasions,

      How many times in the last 20 years, 30 years, or even 50 years has the continental US been invaded? Perl Harbor.
      Would The domestic meta data collection have stopped such an attack? No.

      > terrorism,

      The chances of dieing in a terrorist attack in the US is lower than winning the lottery jackpot twice, or getting struck by lightening 4 times. That includes 9/11.

      > and spying

      So, because "the enemy" might be listening our government should, too?

      The clauses you quote are all war powers against a foriegn invader; moreover, the 4th amendment cannot be more clear:

      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.

      No war power outlined in Article 1, section 8 and 9, Article 2, section 2 can violate a citizens right against unreasonable search without a specific warrant and probable cause. The Constitution's "intent" doesn't have to be divined or interpreted, it is clear that the 4th amendment takes precedence. Moreover, there is no power granted to the executive branch that allows the Director of the NSA, Director of National Intelligence, or other officer, to perjure himself (or herself) before the House or Senate. Gen. Clapper and Gen. Alexander is guilty of perjury at the very least, and a treason at the worst (yes, espionage is an act of war).

    43. Re:The insecurity right now by BradMajors · · Score: 1

      The Constitution is anything the Supreme Court says it is.

    44. Re:The insecurity right now by gmanterry · · Score: 1

      Name a single innocent person who has been affected by the NSA. NSA is not the threat, it's the maniacs that for example leave bombs at public sport events or goes shooting at a school.

      You have to be kidding. Have you not seen the cost so far the the American economy? Cisco, Boeing, all the cloud services have lost millions to billions because foreign customers will no longer buy American technology. You think that doesn't hurt every one of us?

      --
      Since when is "public safety" the root password to the Constitution?
    45. Re:The insecurity right now by spire3661 · · Score: 1

      The NSA is a far more active threat to Liberty than any bomb. Every Us citizen has been harmed and continues to suffer harm from the NSA's actions. You don't sustain the Republic by ignoring its core tenets.

      --
      Good-bye
    46. Re:The insecurity right now by Anonymous Coward · · Score: 0, Offtopic

      The Constitution is a grant of certain enumerated powers to the Federal government; a strict constructionalist position would be that, as the Constitution does not explicitly grant the Federal government the authority to conduct gathering of data against its citizens without a warrant, that the NSA's conduct of just such a program of datagathering is inherently unconstitutional. Evidence of this sort of constructionalism is evidenced by the fact that it was considered necessary to pass a constitutional amendment giving the Federal government the authority to levy a tax on income, rather than simply assuming that the authority was already extant under Article I, Section 8.

    47. Re: The insecurity right now by Anonymous Coward · · Score: 0

      TSA have been playing all sorta nasty games and they are a big consumer of NSA intelligence. In this case a US citizen was denied entry to her country. Land of the free my ass

      http://www.techdirt.com/blog/?tag=rahinah+ibrahim

    48. Re: The insecurity right now by Anonymous Coward · · Score: 0

      TSA have been playing all sorta nasty games and they are a big consumer of NSA intelligence. In this case a US citizen was denied entry to her country. Land of the free my ass
      http://www.techdirt.com/blog/?tag=rahinah+ibrahim

    49. Re: The insecurity right now by Anonymous Coward · · Score: 0

      I wont moderate up anyone accusing those who disagree with them as shills, having been here through the whole M$ shill period.

      It was justified since Microsoft was caught red handed paying shills to post. The TSA and other government agencies have been known to do the same thing.

      You get down to a point where you're either dealing with completely idiotic morons, or shills.

      Take your pick.

    50. Re:The insecurity right now by arth1 · · Score: 1

      William H. Pauley was Nominated by Bill Clinton https://en.wikipedia.org/wiki/William_H._Pauley_III

      You remember Clinton and Gore. They gave us Eschelon and NSAKey.

      Just saying

      That he was nominated by a demopublican is no surprise. This country hasn't had more than one party since before Reagan. The differences between "Republicans" and "Democrats" are so minimal it's largely irrelevant. Small differences are blown out of proportion to maintain the illusion, and the sheep believe they make choices.

    51. Re:The insecurity right now by Anonymous Coward · · Score: 0

      My understanding is this program has been invaluable to the FBI for getting warrantless information on suspected drug offenders or dealers (where they typically have to request a warrant), but I've heard nothing about it stopping terrorism in any way.

      Or to help win the "war on drugs".

    52. Re:The insecurity right now by Anonymous Coward · · Score: 0

      Why would they want to actually put an end to the drug trade in the US? You know how the CIA funds itself, right?

    53. Re:The insecurity right now by Anonymous Coward · · Score: 0

      Benjamin Franklin said, "We must all hang together, or assuredly we shall all hang separately."

      It's worth remembering that (if he ever said those words), he was instigating armed rebellion against the rightful governing authority of the day. You would call him a terrorist, and it's quite ironic that you would use the words of a man trying to secure the activities and communication of an anti-government conspiracy to argue for extending State authority

      In any case, the Constitution defines the power of the government to establish military forces, on a 2-year cycle, for purposes of enforcing the Law of Nations. It allows a person to be held in isolation, without a trial during a rebellion or invasion. It doesn't seem to say anything about searching private citizens, reading their mail, or obstructing their communication.

      You seem to think that the bill of rights is not "really" part of the Constitution, so let's review:

      Amendment:
      An alteration of or addition to a motion, bill, constitution, etc.
      A change made by correction, addition, or deletion

      This means that amendments have the full force and authority of the original document. One might consider the unamended document and imperfect first draft, perfected or improved by the revision. That means

      No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

      is every bit as important as

      To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States

      and that

      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.

      is exactly as important as

      define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations

      Because the "war" on terrorism is not a real war, it would seem that there should be little question of whether the requirement for specific search warrant outweighs the enforcement of law on international waters.

    54. Re: The insecurity right now by Anonymous Coward · · Score: 0

      I liked the congressional whatever on offenses against the law of nations. Care to elaborate on that.

    55. Re: The insecurity right now by Anonymous Coward · · Score: 0

      Would j edgar hover count?

    56. Re:The insecurity right now by anagama · · Score: 1

      The main difference between Demoplicans and Republocrats is their different roles in furthering neocon values. The GOP's job is push things radically rightward. The Democrats job is to solidify that push and make it the new normal. Prime example, GWB and Obama.

      --
      What changed under Obama? Nothing Good
    57. Re:The insecurity right now by Anonymous Coward · · Score: 1

      There is no safety. There is no organization capable of preventing the crimes that humans commit. There is no power capable of stopping the storms that ravage the land we live upon. There is no force that will stop the rocks that fall from the sky. If there was, this world would be vastly different, and we humans, as we are now, would not exist. For now our "security" depends upon the love of others or the fear of our retribution.

      Security is a fairy tale told to children to get them to go to sleep in a bed room out of their parents sight. It does not exist. So those who would trade "security" for your freedom mean to exercise their own sadistic power fantasies and do not provide security or safety, only exploitation.

      My ancestors came to this continent in a leaky boat from an oppressive land. A place were words uttered in frustration could bring down the wrath of angry king, or worse, the anger of his majesty's bureaucracy. Worship the wrong deity and be killed. Worship the right deity in the wrong church and die. What is right and good under this king may be treason under the next. Expressing dissatisfaction with the quality of the squalor in which you lived was treasonous. A place where you lived your life under the permission of those in power, and the will of the crown might be different every day. You worked, slept, lived, and died on the whim of some "divinely appointed" king who served as an example of the corruption of power.

      Free humans are not dirty, violent, scumbags. Humans become this way when they are forced by those with more power to do things against their nature and will. Forced to fight a war to make a few humans rich beyond the dreams of greed. Forced to give up homes and jobs because a few humans stole billions and destroyed trillions of dollars of economic wealth. Other peoples wealth. Other people's lives. These are the things that breed violence, hatred, and crime. The pirates of Somalia are not pirates because they are bored rich people, but because they see no other way to live. Take away all legitimate forms of commerce and people will become criminals.

      There is nothing the NSA can gain from data on the citizens of the republic that can be used to prevent crime or terrorism. In the years since that day in September, more children have died in schools than from Timothy's bomb in Oklahoma. Where was the NSA's security then? Or the FBI's? Or he CIA's? The bombs in the Boston Marathon happened after the Patriot Act and the NSA should have all of their emails and correspondence and a web of who did what and should have known all about it before it happened, right? That's the premise: collect all data possible and then know what will happen. Know the criminal's plans. Know where they are. Know where they have been. Know who they talk to and what about. The Boston bombers had been to Russia and were in communication with terrorists. The Russians warned the NSA about them And the NSA STILL couldn't figure out that there was a bombing about to happen. That's what spying is for, to know in advance and prevent. Right? Right? That absolute surrender of our freedom to communicate in private without the government listening in, should result in the absolute prevention of every possible crime. So terrorism must vanish as absolutely as the freedom surrendered. The embassy in Bengazi was attacked and the ambassador killed. Where was the fucking NSA then? Some good it did those Americans. Where was the security when the bombs fell on our embassy in Kabul? What about all of the IED's in Iraq and Afghanistan? How come it took almost a decade to get Osama bin Laden? Looks very much like the freedom surrendered is the only absolute here.

      What to do with all this data? How is it useful? It makes people like James Clapper powerful. He can go before Congress and lie under oath and not be charged with perjury. Bill Clinton and Roger Clemens were charged, why not James? People like that can hint that they know things that would be emb

    58. Re:The insecurity right now by anagama · · Score: 2

      As for concrete examples of how information can be abused, consider the Cannibal Cop. No, he wasn't from the NSA, but he did use a much less extensive Federal database to stalk women he planned to kill and eat (imagine what he could have done with NSA access). Being killed and eaten is an objectively negative consequence, as is being staked for such a dinner date. Secondly, his interest in killing and eating these women had nothing to do with how innocent they were of anything.

      http://www.cnn.com/2013/03/12/justice/new-york-cannibal-cop/

      Back to the NSA, we do know that people stalked love interests. Certainly much worse than that has happened, but anyone who thinks the NSA is going to reveal that information is nuts. Considering the breadth and scope of the NSA's illegal activities, the chances that innocent people have been harmed is staggeringly large.

      http://arstechnica.com/tech-policy/2013/09/loveint-on-his-first-day-of-work-nsa-employee-spied-on-ex-girlfriend/

      --
      What changed under Obama? Nothing Good
    59. Re:The insecurity right now by anagama · · Score: 1

      [GP:] They're not interested in terrorism. They're interested in political machinations.

      [Bootlicker Cold Fjord:] Please provide evidence that the NSA and FBI are involved in that.

      The FBI and NSA spied on Martin Luther King (even attempted to convince him to commit suicide), Muhammad Ali (the boxer), Art Buchwald (a humorist), and Frank Church (a senator). Aside from political, what the hell was that about?

      http://www.washingtonpost.com/lifestyle/style/declassified-documents-show-nsa-listened-in-on-mlk-muhammad-ali-and-art-buchwald/2013/09/25/1a018178-262b-11e3-b3e9-d97fb087acd6_story.html

      --
      What changed under Obama? Nothing Good
    60. Re:The insecurity right now by Anonymous Coward · · Score: 0

      I pay roughly $100 for comcast business yet they still block 25/TCP because of "spam". idiots.

    61. Re:The insecurity right now by Anonymous Coward · · Score: 0

      That's paradoxical. How could something that's blatantly unconstitutional only be constitutional whenever the Supreme Court feels like getting around to it? We do such things because it's the 'best' way we knew of, not because the Supreme Court is automatically right or everything is automatically constitutional. The Supreme Court has even overruled itself in the past. In reality, when people say that something is unconstitutional, they're saying that it violates the constitution. You can try as much hairsplitting and appealing to authority as you like, but you're not going to convince me that what's happening is anywhere near constitutional. Give it up.

      All branches of have taken an oath to uphold the constitution. Only the Supreme Court seems to honor that oath any more. Clinton and then Bush both signed laws they believe and publicly stated were unconstitutional. That's a clear violation of their oath. Congress also has a duty to uphold the constitution and not pass laws in violation of it. So, all three branches do have equal footing. The Supreme Court makes great efforts to not overrule itself. To the point were some justices have violated their oath and publicly ruled against their own interpretation of the constitution for the sake of consistency. It's not as cut and dry as the "activist court" dittoheads would have you believe.

    62. Re:The insecurity right now by PortHaven · · Score: 1

      That's because you are naive and fail to recognize the 4th branch of the government.

      Executive
      Legislative
      Judicial
      Militia

      If the courts were to fail in their duties, to ensure and protect the Constitution. The right of the People to rise up and reject always remains.

    63. Re:The insecurity right now by PortHaven · · Score: 1

      Hoover, proof the FBI did it before. Only an idiot would think they wouldn't do it again.

    64. Re:The insecurity right now by cold+fjord · · Score: 1

      Is your thinking that the FBI should be permanently disbanded because some leader 50 years ago overstepped his authority, despite all the changes in the law, oversight, tenure of leadership, and standards? Any replacement in mind? Or just do without? Any thoughts on what to do about the need for such an agency?

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    65. Re:The insecurity right now by darkonc · · Score: 1
      The NSA and Homeland security aren't particularly interested in stopping terrorism. I'd say that they're far more interested in tracking dissent The occasional successful attack justifies their existence.

      Less than a year after 9/11, and during a CODE RED alert weekend, I had a kid on my game server who had talked to me about being a fundamental muslim and having issues within that realm make a comment

      "That's OK I"ll be dead tomorrow anyways".

      Now, if ever there was a case that just stood out like a sore thumb and asked to be investigated, I couldn't think of something better. I was also, at that point just worried about his mental health, generally.

      Turns out that the much-touted 1-800 terrorism hotline was already shut down.

      It took me almost an entire day to find someone who would take my 'tip' and do something with it.... and that was pretty much in the middle of the post 9/11 hysteria. That's right... we're supposed to turn in tips about possible terrorism but almost all of the avenues of reporting have been shut down.

      Not that I took the terrorism hype very seriously to begin with, but you'd think that they'd at least keep up the first layer after the facade.

      --
      Sometimes boldness is in fashion. Sometimes only the brave will be bold.
  2. How about that rented storage? by Anonymous Coward · · Score: 5, Insightful

    If the fourth doesn't apply to records held by third parties... what if your records are in a rented storage unit or a bank safety deposit box? If your property is held by a third party (your money in the bank), do constitutional protections against the government just seizing your money also not apply?

    1. Re:How about that rented storage? by sribe · · Score: 5, Insightful

      Uhm, worse, what about people who rent rather than own? If you live in an apartment owned by someone else, do you have any rights???

    2. Re:How about that rented storage? by BlazingATrail · · Score: 2

      The constitution can only cover so much in modern times. Why does the American public elect a government that allows acts that any normal person would consider invasion of privacy? It seems such a basic right but the sheeple just keep allowing it.

    3. Re: How about that rented storage? by Anonymous Coward · · Score: 0

      Well this invalidates the HIPAA. Let's revolt and all of us shut down our phone service and stop using Facebook and Google and it will be effective!!!!! Seriously!

    4. Re:How about that rented storage? by TheGratefulNet · · Score: 1, Insightful

      world wide problem. each country has its own 'nsa'. you think otherwise?? seriously???

      this is human nature. sure, the nsa is evil, but its not an 'american thing' no matter how much it may serve your little agenda.

      this is about people using power and control over others. at its heat, that's all it is. 'on the internet' or 'on a computer' does not change this fact of human nature.

      --

      --
      "It is now safe to switch off your computer."
    5. Re:How about that rented storage? by Anonymous Coward · · Score: 0

      If someone sneaks into the storage area and makes copies of all your papers but leaves the originals untouched, was anything really seized?? As for you money, the IRS is not bound by the constitution and can seize your assets on merely a whim.

      If the NSA is only gathering "metadata" about calls and emails, then I can see the argument that you are still secure in your papers and possessions. Also, the NSA is NOT using any of this to prosecute Americans in American courts, pretty much the intent of the 4th amendment. Only an American who is dumb enough to go to Yemen or *stan could be on the receiving end of a hellfire missile.

    6. Re:How about that rented storage? by Anonymous Coward · · Score: 0

      Ask yourself this: Historically, what happened to those who opposed corporations and governments?

      This is just the latest in a long string of dominations.

      Captcha: syndrome

    7. Re:How about that rented storage? by Anne+Thwacks · · Score: 3, Informative
      the NSA is NOT using any of this to prosecute Americans in American courts,

      Probably not - they are on good terms with GCHQ, who will have explained to them that the trick is to use this data to find out what they CAN use against you.

      --
      Sent from my ASR33 using ASCII
    8. Re:How about that rented storage? by Anonymous Coward · · Score: 0

      If someone sneaks into the storage area and makes copies of all your papers but leaves the originals untouched, was anything really seized?

      They sure were searched, though. That's definitely an invasion of privacy, and in this case, a violation of the fourth amendment (no matter what courts have said or might say).

      As for you money, the IRS is not bound by the constitution

      The entire government is bound by the constitution.

      If the NSA is only gathering "metadata" about calls and emails, then I can see the argument that you are still secure in your papers and possessions.

      How? Metadata is just data, and the actual content isn't any more secure from them, so why would "metadata" be any less important?

      Sheesh... cheerleaders these days.

    9. Re:How about that rented storage? by Jane+Q.+Public · · Score: 4, Insightful

      "The constitution can only cover so much in modern times."

      I'm not sure if this is what you meant, but I don't see this as a deficiency in the Constitution. The Constitution says that people shall be secure in their "papers, and effects". Courts have for the most part ruled that modern communications are equivalent to "papers and effects". Some exceptions were made later (like the "3rd party" rule this judge used), but those exceptions are pretty clearly obsolete today.

      What is really important is the "expectation of privacy" that people have with their communications. They expect cell phone calls to be private. (And I would argue that they also expect their phone call "metadata" to be private too.) They expect emails to be private (or should).

      Courts are supposed to use the "reasonable man" or "reasonable person" principle: what would a reasonable person do, or expect? Using that standard, I think it is pretty darned clear that the vast majority of people DO have an expectation of privacy. And if most people expect it, it is by definition "reasonable".

    10. Re:How about that rented storage? by GIL_Dude · · Score: 1

      Interesting point about the "reasonable person". I don't know any of them though. Most people I personally know (aside from my kids, who think like I do) think the meta data collection is OK. They equate it with survey data that is aggregated and anonymous - even though the meta data includes non-anonymous stuff like your phone number. I don't consider them reasonable, but they seem to be in the majority. Generally, if put to a vote, the majority - assuming they aren't apathetic and don't vote - will win and will be considered the reasonable ones. Maybe I am unreasonable? But I sure don't like the NSA collecting all of this info...

    11. Re:How about that rented storage? by NicBenjamin · · Score: 5, Insightful

      Under the fourth amendment ownership of the building is irrelevant. The Fourth protects your person, papers, house, and effects. If you have a legal right to store papers you own in a place then they have the same Constitutional protections regardless of who actually owns the building. If you don't have a legal right to store them there -- maybe you leave the book where you record your illegal bets in some guys house and he finds it -- then the owner can rat your ass out and you get no Fourth Amendment protections. OTOH if the owner chooses not to rat you out the police need a warrant to search his house before they can get the book.

      The debate in this case is who actually owns these records. The government is arguing that since these records are not used by you, but are generated by a private company as part of it's business, they aren't actually your records. Just as the government doesn't need a warrant to read who has a tab at the local bar it doesn't need a warrant to read the data on who you called last week.

      Privacy advocates are arguing otherwise. The fact you think your records are yours is extremely important, and the NSA snooping has to stop.

      In legal terms the simple fact is that the only judges who matter are not likely to side with privacy advocates, because two of them are Obama appointees unlikely to argue his attempt to get the program covered by getting the FISA Court to issue warrants was evil Fascism, a third (Roberts) appointed the FISA guys who issued said warrants, and four more are aligned with the guys who thought that we didn't warrants in the first place. Five votes to overturn the NSA will be tricky.

    12. Re:How about that rented storage? by davester666 · · Score: 1

      no.

      same goes for so-called 'owned' property. only the person listed on the deed has any rights.

      --
      Sleep your way to a whiter smile...date a dentist!
    13. Re:How about that rented storage? by NicBenjamin · · Score: 3, Informative

      Clue #1 that you're Sheeple:
      You think the US Constitution has anything to do with protecting freedom.

      The US Constitution was created to allow the middle class of early America to get rich. Many of the activities they wanted to do were pro-freedom. Advancing technology, creating railroads, etc. are good things. But others were the exact opposite. In particular protecting slavery and stealing land from Native Americans were two of the top agenda items for the young United States.

      The goal was to allow enough freedom to this very specific WASP class so that they could get rich without worrying about the government, but not so much freedom that the British, nasty abolitionists, or Natives who liked living East of the Mississippi could arrange effective resistance to their get-rich-quick schemes. In this particular case there's no way in hell that the Founders intended Quakers to have the ability to organize peaceful resistance to slavery among slaves, which is why nobody batted an eye when the Federal Post Office started reading everyone's mail and arresting anyone who dared send anti-slavery info. to the South despite the fact this seems to violate both the First and the Fourth Amendments.

    14. Re:How about that rented storage? by Anonymous Coward · · Score: 0

      Clue #1 that you're Sheeple:

      You think using the word "sheeple" makes you smart.

    15. Re:How about that rented storage? by whoever57 · · Score: 1

      Also, the NSA is NOT using any of this to prosecute Americans in American courts

      Apparently you missed the stories about how local law enforcement departments are getting tip-offs from undisclosed sources (the NSA), which are then used to conduct "random" stops which result in finding evidence.

      --
      The real "Libtards" are the Libertarians!
    16. Re:How about that rented storage? by sumdumass · · Score: 2

      Wow, you are a complete moron.

      The US constitution was for one purpose and that was to create a union of 13 different countries (which the colonies became after independence from England and why outside the US state means country) without imposing on them outside the impacts of presenting a unified front for foreign affairs, settling disputes between the states, and providing very basic services like post office and roads, regulating interstate commerce and the such. It is all there outlined in the constitution- you can read it and it will back this up. It says nothing about what you try to claim.

    17. Re:How about that rented storage? by sumdumass · · Score: 4, Informative

      Actually, we know they have used this information against Americans in American courts. We had a big story about it a while ago when the feds would call up a state agency and say X is going to happen at Y or something similar, you need to find a way of making it legit and capture them.

      I think it was called creating a parallel construction where they know you have drugs in your car or something but pull you over for doing 1mph over the speed limit and search your car because "you were acting suspicious".

      http://slashdot.org/story/13/08/05/168205/dea-program-more-troubling-than-nsa

    18. Re:How about that rented storage? by Anonymous Coward · · Score: 0

      ... bank safety deposit box ...

      Safe. Deposit. Box.

    19. Re:How about that rented storage? by ganjadude · · Score: 1

      thats quite a revisionist history indeed. the founders were smart enough to understand that slavery was unsustainable. Thats why the 3/5th rule was created. NOT as people today like to claim that we dont value black people as a full person but because it took power AWAY from the slave owners. The native american issue is a little more difficult to pin down, and I agree that there is more merit in that argument that we wanted to take the land from the natives (disclosure, I am part cherokee) in most cases however, not my families case but most cases we bought the land, sure it was for pennies on what it was worth.

      As for your statement that you dont believe that the founding fathers thought that the quakers didnt have right to peaceful protests, thats plain ignorant. we were founded on protests! we came to this country from the west as a form of protesting, and when we finally took over control it was in protest to taxation.

      --
      have you seen my sig? there are many others like it but none that are the same
    20. Re:How about that rented storage? by Nephandus · · Score: 1

      Uh, and what of the colonies that had to be forced to sign under threat of the retain post-revolutionary army?

      --
      "A soft answer turneth away wrath. Once wrath is looking the other way, shoot it in the head."
    21. Re:How about that rented storage? by sumdumass · · Score: 1

      What in the hell are you talking about. None of the colonies were forced to sign anything and if they were, they would just rebel against them like they did the king of england. There was no USA before then, the armies used to fight in the revolutionary war was the product of the states and took little direction from the continental congress. The articles of confederation were completely voluntary too. When it was seen that those weren't strong enough to protect each state's interest in them selves, the constitution was created and each state voluntarily adopted/ratified it through their state legislature/convention.

      11 states ratified it by the time it came into effect and the other two (North Carolina and Rhode Island ) came along on their own shortly after.

    22. Re:How about that rented storage? by saigon_from_europe · · Score: 2

      That was really explanatory, indeed. One idea that came to my mind: how about medical records? Medical records are used by doctors not by you*, they are kept at hospitals and they are still protected by 4th Amendment. Do you think that this brings sufficient analogy to telephone metadata? Or is it maybe that medical records are protected by some law and not by the constitution?

      * In some cases they may be used by the patient, but that can be said for phone listings and related metadata as well.

      --
      No sig today.
    23. Re:How about that rented storage? by Anonymous Coward · · Score: 0

      The constitution can only cover so much in modern times.

      I'm surprised that the protections of rights of the people is still only practiced, or at least argumented for on the basis of the constitution in the US. Here in the land of the herring we legislate laws protecting our privacy based on our constitution. The constitution only gives the requirement for the legislative and executive branches to legislate and regulate in such manner that the required level of privacy is upheld. It is rarely if ever used directly in any sort of argument in a court, although recently that use has slightly increased.
        It is as if the US constitutional rights are viewed as "negative", as limitations on the government, and not "positive", that is requirements and goals for the government. As the NSA debacle clearly shows, personal privacy is not something that can be only viewed as "negative" right.

    24. Re:How about that rented storage? by Nephandus · · Score: 1

      Yeah, those would be the many rebellions that followed, Dumbass. Where the fuck did you learn history? American public school propaganda?

      --
      "A soft answer turneth away wrath. Once wrath is looking the other way, shoot it in the head."
    25. Re:How about that rented storage? by matthewv789 · · Score: 1

      The US Federal Government already believes bank safety deposit boxes are fair game, no warrant needed: http://www.examiner.com/article/memo-dhs-can-confiscate-bank-accounts-without-warrant

    26. Re:How about that rented storage? by sumdumass · · Score: 1

      Dude, are you even talking about the USA? Those what? and where was what was said wrong or incomplete?

      And be specific enough to use complete sentences this time and communicate a complete thought instead of vague referrals.

    27. Re:How about that rented storage? by NicBenjamin · · Score: 1

      Wow, you are a complete moron.

      The US constitution was for one purpose and that was to create a union of 13 different countries (which the colonies became after independence from England and why outside the US state means country) without imposing on them outside the impacts of presenting a unified front for foreign affairs, settling disputes between the states, and providing very basic services like post office and roads, regulating interstate commerce and the such. It is all there outlined in the constitution- you can read it and it will back this up. It says nothing about what you try to claim.

      I guess you're a complete moron, too, because you just agreed with me.

      I wasn't saying the Constitution didn't do that stuff. I was saying that the point of the Constitution is not to protect freedom. Most of the things you mention reduce freedom by small but measurable amounts by forcing state governments to obey the Feds, despite the fact that states are closer to their people the Feds are.

      And you'll note that all the things you mention helped America's WASP Middle Class conquer Indian territory (with an Army led by Mad Anthony Wayne), and protected slavery from foreign meddling, mostly by forcing the united States to have a single foreign policy and giving the Feds enough military resources that the Brits decided we'd be too much trouble to conquer.

    28. Re:How about that rented storage? by fatphil · · Score: 1

      Even "owning" might not be enough.

      Do you not have housing associations? Where you "own", but you own a share in the association which grants you the right to live in the property that your share corresponds to.

      Likewise, do you not have leasehold ownership, rather than freehold ownership? In the UK, almost everything that's "owned" is leasehold. (You own the building and the right to live there, but not the land its on.)

      Do you also not have enough soft recycled wood pulp to use as toilet paper? Otherwise, why are all three branches of government using the constitution for that task?

      --
      Also FatPhil on SoylentNews, id 863
    29. Re:How about that rented storage? by Areyoukiddingme · · Score: 3

      MOST people haven't actually thought about it. All you have to do is ask a few questions, and you'll discover that 100% of the people you know have an expectation of privacy regarding their metadata.

      Ask them if it's ok for any random person to query the phone company database and get a list of who they called last week. I guarantee you not a single one of them will think it's ok. Now ask them if it's ok for Abercrombie and Fitch to query the phone company database and get a list of who they called last week. I can't guarantee you won't find a single taker for that, but I bet your positive response rate is tiny. Now pull a dirty trick used by pollsters everywhere, and, having asked those two questions, ask them if it's ok for some random deputy to sheriff to query the phone company database without a warrant and get a list of who they called last week. Want to bet the response is overwhelmingly negative?

      Alternatively, ask if they expect the phone company calling record database to have a password on it. Want to bet every single one of them says yes?

      Really though, all that needs to be done to get people to actually think about the subject for one second is to ask the first question. Get people to acknowledge that they don't want Joe the Plumber looking up their calling record any time he wants and then remind them that that's privacy. You can also ask the same series of questions about email headers

      Somebody should ask that assinine judge that question. On camera.

    30. Re:How about that rented storage? by fatphil · · Score: 1

      > outside the US state means country

      Just outside the US, to the south, you'll find the United Mexican States.

      Time for a classic:
      The United Nations initiated a poll with the request, "Please tell us your honest opinion about the lack of food in the rest of the world." The poll was a total failure. The Russians did not understand "Please". The Italians did not know the word "honest". The Chinese did not know what an "opinion" was. The Europeans did not know "lack", while the Africans did not know "food". Finally, the Americans didn't know anything about the "rest of the world".

      --
      Also FatPhil on SoylentNews, id 863
    31. Re:How about that rented storage? by NicBenjamin · · Score: 3, Interesting

      I will admit that the language is a wee bit strong, but I really fucking hate it when assholes who've done 10 whole minutes of research on the internet refer to almost everyone else as Sheeple.

      It's not as revisionist as you think. The Constitution is clearly intended to head off the slavery debate. Technically it was legal almost everywhere, but the Northern states were starting to abolish it and Southerners were worried a strong Federal government would impose freedom on their unwilling states. So they said flat-out exactly what was to be done about slavery, and everybody went along with that consensus for a few decades.

      As for the Indians, keep in mind that under the Articles of Confederation we hadn't been able to take control of the Northwest territories. We had no Army and the states were so busy arguing over who would get the land when we finally divided it up that nobody was able to make an Army. In 1789 we passed the Constitution. In 1790 we sent the first expedition into the Territory, and it was crushed. The same thing happened a year later. Then in 1792 Mad Anthony Wayne took command. As a result of the war the Indian population of Ohio was virtually eliminated.

      BTW, on the prices we paid for Indian land, most Indian tribes did not have governments in the sense that we have a government. They didn't have an elaborate legal system, with elected Sheriffs, and County Jails, to enforce the will of some central body. It was not uncommon for the US to declare some random, easily bribeable dude "Chief," give him a lifetime supply of beer (plus just enough axes and other equipment to make him important in the community) and then send in the Army to shoot anyone who insisted on not being cheated.

    32. Re: How about that rented storage? by Anonymous Coward · · Score: 0

      I'm not sure how they are protected by the 4th, they are protected explicitly by HIPAA, which does more because the 4th amendment doesn't prevent your doctor from selling them to insurance companies.

    33. Re:How about that rented storage? by NicBenjamin · · Score: 3, Informative

      I'm not the best person to ask about that, because there's extra regulations involved. Under the Health Insurance Portability and Accountability Act (HIPAA) lots of patient information is protected from disclosure. Disclosing it wrongly can get medical professionals in deep trouble (including putting their licenses in jeopardy), but they are supposed to turn info over "when legally required." More important then the legal niceties, almost no healthcare professional will turn over a patient record without first being informed by his lawyer that, yes, under HIPAA he is supposed to turn over said record. In writing. Two copies. Of actual writing, with an actual signature (ie: not a print-out). One for his home files which he knows nobody will mess with, and one for work, where he may have to use it.

      Keep in mind there's supposed to be a cost/benefit analysis to all governmental data collection. If the benefits outweigh the costs the search is reasonable, and thus allowed. The benefit to the government (and thus the society that created the government) of knowing the numbers every drug dealer is dialing is very high. It helps cops do their jobs and lock up very destructive people, so it's easy to calculate in dollar terms. The cost in privacy rights is impossible to calculate in dollar terms, and therefore $0.00 in most court-rooms. With medical data the cost/benefit is much different. There is no benefit to law enforcement knowing every person on anti-depressants, and the cost to those people if there's a data breach would be high. Careers could be ruined.

      Prior to HIPAA the only example of a Fourth Amendment compliant mass database of medical info I can think of was a listing of everyone with a valid painkiller prescription in New York State. The people on the list benefited because they didn't have to be hassled by the cops, and society as a whole benefited because the cops were able to do their job of stopping prescription drug abuse more effectively. But I have no idea if they still do this since HIPAA.

    34. Re: How about that rented storage? by Anonymous Coward · · Score: 0

      So, if there is a reasonable suspicion, and there is legitimate evidence collected and used properly, what's wrong with that?

      It's no different than any other tip for example that so-and-so is a drug dealer. You start looking for real, usable evidence, and if there isn't any, there's no case.

    35. Re:How about that rented storage? by currently_awake · · Score: 1

      If renting is good enough for the 4th, then renting a server for your data should be good enough for the 4th.

    36. Re: How about that rented storage? by Anonymous Coward · · Score: 0

      So, if there is a reasonable suspicion, and there is legitimate evidence collected and used properly, what's wrong with that?

      Because the evidence is not legitimate?

      The Fourth means that the government should not have that information in the first place, therefore it is illegitimate.

    37. Re: How about that rented storage? by DocHoncho · · Score: 1

      Because the evidence is not legitimate?

      The Fourth means that the government should not have that information in the first place, therefore it is illegitimate.

      But, but, but... catching bad guys!!!

      --
      Celebrity worship is a poor substitute for Deity worship and costs more to boot.
    38. Re:How about that rented storage? by Anonymous Coward · · Score: 0

      No, you don't really have any rights if you're renting, except a few insignificant ones in a small number of US states. Even then, there isn't any enforcement body other than civil court.

    39. Re:How about that rented storage? by Anonymous Coward · · Score: 0

      Just as the government doesn't need a warrant to read who has a tab at the local bar...

      Yeah, actually the government does need a warrant for a fishing expedition at the local bar.

    40. Re:How about that rented storage? by ganjadude · · Score: 1

      I totally agree with what you are saying in that regards

      --
      have you seen my sig? there are many others like it but none that are the same
    41. Re:How about that rented storage? by mikechant · · Score: 1

      In the UK, almost everything that's "owned" is leasehold.
      No, that's not true. No idea where you got that idea from. Maybe you were thinking of central London. Nearly all properties in the UK** are freehold, only about 2 Million are leasehold, mostly flats/apartments. There are about 22 Million properties in the UK, so that's about 10% leasehold.

      This mentions the 2 million figure:
      http://www.thisismoney.co.uk/money/mortgageshome/article-1585043/Mortgages-homes-guide-Leasehold-vs-freehold--right-buy.html

      **UK: Actually figures may be for England and Wales not Scotland probably, but that covers about 90% of the UK by population so that's good enough for these purposes.

    42. Re:How about that rented storage? by fatphil · · Score: 1

      Ah, I'm certainly *way* more familiar with central london than anywhere else, but the place I bought in the midlands was leasehold too. As was at least one of the places my sister owned up north. Hasty generalisation on my part. If the "But thanks to changes made over the past decade, they have the right to get together with their neighbours and buy the landlord out" in that article has had much effect it may have skewed things as I've not lived in the UK since the 90s, that that would surprise me. Thanks for the numbers.

      --
      Also FatPhil on SoylentNews, id 863
    43. Re:How about that rented storage? by Anonymous Coward · · Score: 0

      Keep in mind there's supposed to be a cost/benefit analysis to all governmental data collection. If the benefits outweigh the costs the search is reasonable, and thus allowed.

      ...

      The cost in privacy rights is impossible to calculate in dollar terms, and therefore $0.00 in most court-rooms.

      There is nothing in the Bill of Rights that authorizes judges to ignore their oaths of office on economic grounds. Those who do so are in violation of those oaths. Those oaths being preconditions for holding office, they are now former judges.

      If you prefer a more formal argument, we could assume that judges could infringe fundamental rights on economics grounds. Then, logically, any right that might reasonably be asserted by the people could be overturned, since everything done by government involves economics in one fashion or another. There would accordingly be no rights retained by the people. However, the 9th Amendment explicitly provides for rights retained by the people. We have a contradiction, and hence the original assumption is shown to be invalid. QED

      In a free society, the existence of fundamental rights makes many actions of government cost more than they might otherwise cost, and hence make government less efficient. There is a cost to having to get warrants for a search. There is a cost to allowing people to speak up against the government. There is a cost to providing public oversight over government. There is a cost to having trial by jury. Costs like these are the price we pay for freedom.

      Conversely, in a non-free society, crime on the part of the society's leaders, and an enormous black market, not to mention the secret actions by many citizens who work to undermine government, all ultimately make government less efficient.

      One way or another, the inefficiency will be there. Think of it as thermodynamics. There is always entropy in the system. It's hard to get more than 25% efficiency in mechanical systems. Why should social systems be any different?

      It is completely invalid to disregard privacy rights on economic grounds.

    44. Re:How about that rented storage? by anagama · · Score: 1

      Depends on where you live and the protections in your state constitution to a large extent. In Maryland for exampel, at least one lower court has ruled that medical records are covered by the third party doctrine (the doctor being the third party), and thus there is no 4th Amendment protection for them. This is a recent case with HIPPA on the books.

      PDF page 7 starts the insanity:
      http://www.gpo.gov/fdsys/pkg/USCOURTS-mdd-8_10-cr-00600/pdf/USCOURTS-mdd-8_10-cr-00600-0.pdf

      Pharmacy records are also not protected in some jurisdictions under the third party doctrine. I'd have to work harder than I want to right now to dig up a citation, but do note that the DEA is busy trying to make sure medical records get third party doctrine exemption from the 4th amendment if the records are shared with a pharmacist -- this is certainly designed to push the envelope on medical records.

      http://www.ihealthbeat.org/articles/2013/9/27/dea-no-privacy-protections-for-rx-records-given-to-third-parties

      Remember, what you think a law like HIPPA does has absolutely nothing to do with the way the Feds will interpret that law. Case in point, Sensenbrenner and the PATRIOT act.

      http://sensenbrenner.house.gov/news/documentsingle.aspx?DocumentID=337001

      --
      What changed under Obama? Nothing Good
    45. Re:How about that rented storage? by sumdumass · · Score: 0

      I did not agree with you. You said the constitution was about protecting slavery and stealing land from the indians which is is not. In fact, it specificaly says in the constitution that if the government takes property from someone, it needs to pay them just compensation and the constitution actually had provisions in it that could stop slavery over time.

      I wasn't saying the Constitution didn't do that stuff. I was saying that the point of the Constitution is not to protect freedom. Most of the things you mention reduce freedom by small but measurable amounts by forcing state governments to obey the Feds, despite the fact that states are closer to their people the Feds are.

      The constitution does not force the states to do anything, they voluntarily surrendered those portions of sovereignty to the federal government when it was constituted and they ratified their accession to the new government. Any state that didn't want to participate didn't have to and there were two states that didn't bother even ratifying their accession until after the first congress was assembled. There is no forcing there.

      And you'll note that all the things you mention helped America's WASP Middle Class conquer Indian territory (with an Army led by Mad Anthony Wayne),

      lol.. this is rich. In the early years of the nation, the lands that became states were already held by the people who became part of the country. In the years to come, the lands were either purchased from governing entities or settled by settlers outside of the US and then added after the fact. The land disputes with the Indians happened largely after claims on the land were made and it was sold like with California and Arizona/New Mexico. This entire concept of stealing land from Indians is BS fluff anyways. It is dribble that idiots trot out when they don't have an intellectual argument about the numerous unique events that had happened in the past.

      Most of the things you mention reduce freedom by small but measurable amounts by forcing state governments to obey the Feds, despite the fact that states are closer to their people the Feds are.

      No, they don't.. You haven't presented any argument coming close to how they have either. You just say stole land and the feds mean no freedom.

      mostly by forcing the united States to have a single foreign policy and giving the Feds enough military resources that the Brits decided we'd be too much trouble to conquer.

      lol.. Are you serious? That was the entire purpose of the confederacy and union in the first place. A unified face in matters of foreign relations that was constricted by the constituted powers of the federal government. The entire idea was so that Maine couldn't force New York to do something it didn't want to do and so that France couldn't win an invasion like with the war of 1812 (where the poor dirt farmers kicked their asses pretty badly even though the war had already be settled in the north with by essentially ignoring it happened and keeping the status quo just before that.

      As for slavery, until the US constitution gave the federal government the power to interact, it rightfully refrained from doing so except when the southern states rebelled and Lincoln declared the slaves in those states to be free as far as the north was concerned. Slavery was simply one of those issues the federal government had no power in until the constution was amended to give them the power. You might as well say Jane Dickenson who was a elderly widow and mother of 2 in Canada helped protect slavery in the US because she did nothing to stop it too. Its just as big of a fallacy because she had absolutely no power to do anything either.

      You see, what you problem is stems around what the federal government has become and you somehow think it was and has always been like that. The fact of the matter was that before the civil war, the feds had littl

    46. Re:How about that rented storage? by sumdumass · · Score: 1

      Just outside the US, to the south, you'll find the United Mexican States.

      Yup, you are right. I am so used to using the shorthand Mexico that I forgot they actually named them as states due to the creation of a federal republic just like the US did. But they were independent countries with different governments for periods of time before the federal republic was created so they were actually countries just like the states in the US were and are in some respects.

    47. Re:How about that rented storage? by NicBenjamin · · Score: 1

      I did not agree with you. You said the constitution was about protecting slavery and stealing land from the indians which is is not. In fact, it specificaly says in the constitution that if the government takes property from someone, it needs to pay them just compensation and the constitution actually had provisions in it that could stop slavery over time.

      The interesting thing is that to disagree with me you have to make shit up. There was no Constitutional provision allowing the Federal government to stop slavery. There was a provision that allowed the Feds to stop the import of new slaves, but we already had litterally millions of slaves so stopping imports didn't make us a significantly freer country.

      I wasn't saying the Constitution didn't do that stuff. I was saying that the point of the Constitution is not to protect freedom. Most of the things you mention reduce freedom by small but measurable amounts by forcing state governments to obey the Feds, despite the fact that states are closer to their people the Feds are.

      The constitution does not force the states to do anything, they voluntarily surrendered those portions of sovereignty to the federal government when it was constituted and they ratified their accession to the new government. Any state that didn't want to participate didn't have to and there were two states that didn't bother even ratifying their accession until after the first congress was assembled. There is no forcing there.

      So the fact they agreed to be bullied magically means it's not bullying?

      And you'll note that all the things you mention helped America's WASP Middle Class conquer Indian territory (with an Army led by Mad Anthony Wayne),

      lol.. this is rich. In the early years of the nation, the lands that became states were already held by the people who became part of the country. In the years to come, the lands were either purchased from governing entities or settled by settlers outside of the US and then added after the fact. The land disputes with the Indians happened largely after claims on the land were made and it was sold like with California and Arizona/New Mexico. This entire concept of stealing land from Indians is BS fluff anyways. It is dribble that idiots trot out when they don't have an intellectual argument about the numerous unique events that had happened in the past.

      You really are enamored with our propaganda, aren't you?

      The Treaty of Greenville was agreed to after we beat the Indians in a war. It gave us the southern 2/3 or so of Ohio. It happened six years after the Constitution was ratified, and would have happened sooner if our Army hadn't sucked. We didn't convince the Indians to give up on the rest of the Northwest territory by clever legitimate Real Estate deals, we did it by crushing them in the War of 1812. All the stuff you're talking about happened decades after the last Founding Father died.

      You might as well say Jane Dickenson who was a elderly widow and mother of 2 in Canada helped protect slavery in the US because she did nothing to stop it too. Its just as big of a fallacy because she had absolutely no power to do anything either.

      Did Jane pass a Fugitive Slave Act, and then bully states into enforcing it? Did she refuse to allow the wrongfully enslaved the ability to prove they were actually freeman? Did she allow numerous new states to join the union with slavery in their State Constitutions?

      Note that you actually just proved my point with that analogy. If the Constitution is designed so the Feds CAN'T end slavery then it is (by definition) protecting slavery. They just didn't want to admit it.

    48. Re:How about that rented storage? by Anonymous Coward · · Score: 0

      Who modded this cruft +5 informative? Shame on you.

    49. Re:How about that rented storage? by sumdumass · · Score: 1

      The interesting thing is that to disagree with me you have to make shit up. There was no Constitutional provision allowing the Federal government to stop slavery. There was a provision that allowed the Feds to stop the import of new slaves, but we already had litterally millions of slaves so stopping imports didn't make us a significantly freer country.

      Ok, I see what your problem is now. You stop paying attention mid stream and ignore anything said past what you want to hear. I said the constitution actually had provisions in it that could stop slavery over time. So you do not think banning the import of slaves or people after a certain date wouldn't work towards stopping slavery? You don't think automatically making ever single person born in the US a natural born citizen would go a long way towards stopping slaver over time? You don't think the amendment process could be used over time to abolish slavery like it eventually did with the 13th amendment could stop slavery over time?

      Stop being an idiot.

      So the fact they agreed to be bullied magically means it's not bullying?

      No state was bullied into joining the union. There was discussion and debate over it, but all states joining did so voluntarily. And I can find no references to anything you are talking about as far as the colonies being bullied to join the US federal republic with a google search so I'm confident that this is yet another one of your only reading so much then stopping fits.

      The Treaty of Greenville was agreed to after we beat the Indians in a war. It gave us the southern 2/3 or so of Ohio. It happened six years after the Constitution was ratified, and would have happened sooner if our Army hadn't sucked. We didn't convince the Indians to give up on the rest of the Northwest territory by clever legitimate Real Estate deals, we did it by crushing them in the War of 1812. All the stuff you're talking about happened decades after the last Founding Father died.

      lol.. And you are forgetting that the northwest territory was given to the US in the Treaty of Paris (1783) that ended the revolutionary war. The British kept forts and political policies in the territory that caused the Indians to go hostile against settlers in sort of a back door war. George Washington originally ordered the army to enter the territory and to halt the hostilities between the Natives and settlers and enforce U.S. sovereignty over the territory but went all out after two major failures in doing so with primarily the British arming the Indians.

      I'm sure this is another one of your only reading part of the story problems. You make it sound like everyone was sitting on their hands bored out of their skulls one day and decided to steal land. Well, the truth of the matter is that the land was ceded to us by Great Brittan who asserted ownership of it. Our military involvement was not to take something we didn't own, but to claim possession of something we did own. This information isn't hard to come by either, all you have to do is search for it with any popular search engine- but you have to read past your pre-misconceptions to find out the entire story.

      Did Jane pass a Fugitive Slave Act, and then bully states into enforcing it?

      I'm not exactly sure why you think that is important. Do you think it is not in the purview of the federal government to force property stolen in one state to be returned to that state when it is found in another? That actually seems like a legitimate use of the federal government- interstate commerce and the full faith and credit clauses. It seems as if they absolutely had to do it. But I see that making the states adhere to the US constitution is considered bullying to you. I think you have lost about all credibility by now.

      Note that you actually just proved my point with that analogy. If the Constitution is designed so the Feds CA

    50. Re:How about that rented storage? by fatphil · · Score: 1

      I used to have a Mexican friend who for a laugh would introduce himself as coming from America (he didn't mention he was referring to the continent), and then clarify that he came from the united states (and wouldn't mention that it was the Mexican ones). OK, that's only a small wind up - to top it off, he was from Monterrey. And he was a stoner with a laid-back attitude that matches the European prejudices about Californians (who apparently like fewer 'r's in their place names).
      Complete misinformation, yet not a single lie.

      --
      Also FatPhil on SoylentNews, id 863
    51. Re:How about that rented storage? by sumdumass · · Score: 1

      Well, actually, saying he was from America is a lie. He is either from the US, North America, Central America, or South America. The continents aren't just America, they are North, South and Central with central being a geographic region instead of a continent.

      As for coming from the United States, that is almost a lie because it is the United Mexican States in the English translations but in a raw Spanish to English, it is literally the states united Mexico (Estados Unidos Mexicanos). So the United and States portion is completely out of order in either way you attempt to look at it. It is like getting pulled over for drinking and driving and telling the officer you only had 1 or 2 beers a few hours ago and completely ignoring the 3 or 4 you had a few minutes ago. It is purposely misleading which sort of does make it a lie since he knows full well about how it misleads.

      That being said, I'm glad he is having fun with it. It's just that when you actually examine the situation, you realize that is all he is doing- having fun with other people's ignorance.

  3. Reverse Engineering The NSA by Anonymous Coward · · Score: 0

    Given the wealth of information on the NSA programs, it is possible to reverse engineer each NSA program and then apply each to the communications of the White House, President and Vice President to do the them what they intend to do do to us before they have a chance to "do us."

    1. Re:Reverse Engineering The NSA by lister+king+of+smeg · · Score: 1

      It would be easy to do but you would need access to the internet backbones blank ssl certs and much more you can't get without either owning the infrastructure or having the force of the government on your side. Oh and you would need to have the equipment manufactures give you backdoors as well as the owners of the major propriety OS's. So unless you are the government or own everything its not going to happen.

      --
      ---Saying gnome 3 is better than windows 8 not so much a compliment as it is damning with light praise.
    2. Re:Reverse Engineering The NSA by cold+fjord · · Score: 2

      Given the wealth of information on the NSA programs, it is possible to reverse engineer each NSA program and then apply each to the communications of the White House, President and Vice President to do the them what they intend to do do to us before they have a chance to "do us."

      Instead of engaging in revenge fantasies it would be a more productive use of your time to write your Congressional representatives.

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
  4. Thread ditto Straw Man ditto by TheRealHocusLocus · · Score: 0

    Thread ditto Straw Man ditto
    Yadda yadda boo boo pee doo.

    --
    <blink>down the rabbit hole</blink>
  5. Can't rely on the law then by gnasher719 · · Score: 4, Informative

    Obviously, if you don't want the NSA to read your data, make sure they can't read them. Make sure your data is not stored outside your control by someone who could at least in theory read it (like Lavabit). Make sure the data is not stored in the USA at all if you can avoid it.

    1. Re:Can't rely on the law then by Anonymous Coward · · Score: 1

      Also, if you don't want to be robbed, don't carry your wallet outside of your house. Leave everything behind.

      We shouldn't have to inconvenient ourselves because the NSA is doing things we shouldn't let it do.
      I sure hope SCOTUS takes up this issue. I feel the judges would rule against it, but would probably avoid taking the case in order to have to rule against it.
      We really need some sort of constitutional amendment for "the right to/of privacy", even if it's implicit already.

    2. Re:Can't rely on the law then by reboot246 · · Score: 2

      We cannot place our trust in the decisions of SCOTUS. I fear that even they have been compromised. Look at their rulings over the last few years. Even a casual observer can figure out that SCOTUS has been ignoring the Constitution.

    3. Re:Can't rely on the law then by cold+fjord · · Score: 3, Insightful

      Even a casual observer can figure out that SCOTUS has been ignoring the Constitution.

      Well then, it's a good thing we have "casual observers" to tell us what is and isn't constitutional. Lawyers and judges are clearly overrated. Any opinion is as good as any other.

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    4. Re:Can't rely on the law then by NicBenjamin · · Score: 1

      Outside the USA won't help much.

      Very few countries have the Constitutional protections we have, and no country that's managed to survive actually does everything privacy advocates want. If you tell everyone they're being investigated so they can do something about the investigation you are (by definition) telling 100% of the criminals you could have caught exactly when they should start destroying evidence. Some of them have official rules saying you should be notified afterwards, but I've seen no evidence those rules are followed.

      And those countries have intelligence services, intelligence services that probably don;t have to file much more paperwork to wiretap then the NSA does and definitely don't have to obey the FISA Court.

    5. Re:Can't rely on the law then by BlueStrat · · Score: 1, Insightful

      Lawyers and judges are clearly overrated. Any opinion is as good as any other.

      Everything that Stalin, Mao, Pol Pot, Mussolini, and Hitler did to their respective peoples was "legal".

      Appeal to authority fails.

      The founders placed the ultimate responsibility for determining the constitutionality of laws/acts and other actions/policies of the government in the hands of the people.

      The US is in a state of "cold" civil war, with the Federal government on one side, and the people on the other. It hasn't gotten to the point of open warfare...yet. However, given the unconstitutional and authoritarian/fascist path that those in the Federal government seem determined to pursue, a domestic shooting war appears inevitable.

      How, you may ask, can one shoot the women and children of government leaders? You just don't lead 'em as much. War is hell.

      Strat

      --
      Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
    6. Re:Can't rely on the law then by MobSwatter · · Score: 1

      Very few countries have the Constitutional protections we have...

      In the end, this is the only one that will stand: [The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States.] Replace "Defense" with "Personal Gain", define "Uniform" with "Tax Shelters for Mega Corps", everything else is not important, this much they have made very clear by example...

    7. Re:Can't rely on the law then by Anonymous Coward · · Score: 0

      That just stupid. Nothing in the 4th requires you to "tell the criminal" they're being searched, etc. The 4th lays out the prerequisites for the search, and nowhere in them does it say "pre-announce your intent to the target."

      the basics, for ignorant idiots like you: It says GET A WARRANT, and it lays out the things you need in order to do that; THEN you can search.

      Here it is:

      "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"

    8. Re:Can't rely on the law then by Areyoukiddingme · · Score: 1

      Lawyers and judges are clearly overrated.

      You slobbered a bibfull that time, kid.

    9. Re:Can't rely on the law then by fatphil · · Score: 1

      I think the "how on earth can SCOTUS get away with that?!?!?" moment was when an ex-Monsanto lawyer thereon didn't declare an interest and then judged in favour of Monsanto.

      Sure, they've been way more wrong (cough, Dred Scott, cough), but at least that was a clear and open wrongness (in that case, some of the most racist frothing I've ever read someone in a state of power utter), rather than a corrupt ulterior one.

      --
      Also FatPhil on SoylentNews, id 863
    10. Re:Can't rely on the law then by am+2k · · Score: 1

      Make sure your data is not stored outside your control by someone who could at least in theory read it

      You need to be a cryptography expert in order to do that. Even then, it's not a sure thing, since you can't prove that somebody doesn't have a certain piece of information.

      Except when you live alone on a small island and don't communicate with anybody.

    11. Re:Can't rely on the law then by AHuxley · · Score: 1

      Thats the wonderful prospect for the higher US court :)
      Its a bit like ruling on a digital "Berlin Wall" - after that everybody fully understands what a gov is really all about.
      Once your nations legal: foreign, cyber offensive capable, surveillance network is turned inward and becomes a vast legal domestic surveillance network - the courts have to change in a very public way.
      If the vast illegal domestic surveillance network is found to be not illegal the US Fourth Amendment is reduced to "nice" words on a living document.
      Welcome to your new legal system with all the protections of any junta, banana republic, communist, fascist, royal or theocratic countries court system.
      If the vast illegal domestic surveillance network is found to be illegal the US Fourth Amendment works as it should and skilled lawyers return to the courts.

      --
      Domestic spying is now "Benign Information Gathering"
    12. Re:Can't rely on the law then by Anonymous Coward · · Score: 0

      Do a search on "John Titor" for some "fun" reading.

    13. Re:Can't rely on the law then by JasperHW · · Score: 1

      If you're in the US and store your data outside of the US, I imagine you are all but guaranteeing that the NSA collects your data since one end of the connection is 'foreign'.
      Rock and a hard place.

    14. Re:Can't rely on the law then by Anonymous Coward · · Score: 0

      Even a casual observer can figure out that SCOTUS has been ignoring the Constitution.

      Well then, it's a good thing we have "casual observers" to tell us what is and isn't constitutional. Lawyers and judges are clearly overrated. Any opinion is as good as any other.

      Two things you are overlooking:

      1. Legal professionals, as a class in society, are in a position of ethical conflict of interest with respect to the nature, scope, and form of the legal system. An unnecessarily complex or confusing legal system, or one with contradictions, necessarily creates a long term artificial demand for the services of legal professionals.

      This is exactly the legal system the USA currently has. It is not an accident that the US has the biggest legal profession on the planet, is known as the Land of the Lawsuit, or has a Congress (mostly made up of lawyers) that passes laws over 2000 pages long (Obama Health Care), which the Supreme Court didn't even bother to read.

      Presumably, if health care reform is needed, that can be accomplished with a law that ordinary people have a hope of actually reading and understanding! Talk about creating artificial business for the legal profession, wow!

      In additional to the ethical conflicts of interest they have as a result of being legal professionals, Judges have additional ethical conflicts of interest associated with the nature of their position, which are hopefully obvious. That's certainly been discussed enough times on Slashdot.

      As a result, there is one word that characterizes the current US legal system it is "disaster", and ethical conflicts of interest are at the root of the problem. It's not a conspiracy, merely lots of amoral individuals, over many decades, recognizing and acting according to shared interests (at the expense of society) in their "care" for, and "oversight" of, the legal system.

      Think of this as one of the unanticipated consequences of medical progress. Human beings live longer, placing tremendous strain on traditional approaches to legal ethics, which mostly govern individual behaviours (such as not sleeping with your clients, or sharing their confidences), and completely neglect the major ethical conflicts of interest involving the profession as a group of people, a subculture within the overall society, and the relationship between that group and the rest of society.

      The strain has proven too much for the system. Legal professionals have succumbed to the temptation to create a legal system that works to their benefit in all kinds of clever ways, for all those new shiny years they now get to enjoy.

      2. The Bill of Rights specifically provides for rights retained by the people (9th Amendment) and reserved to the people (10th Amendment). These Amendments were put into the Bill of Rights by James Madison to address the objections of the Anti-Federalists that any Bill of Rights would necessarily be incomplete: they provide a mechanism by which the people can assert rights as needed, making the Bill of Rights an open ended list of rights. All legal professionals swear oaths to recognize and uphold this. No entity of government can take away such rights, for if one could, they would no longer be retained by the people - a contradiction.

      It is entirely appropriate to consider SCOTUS rulings invalid and in violation of the oaths of the justices when those rulings infringe rights reasonably asserted as being retained by the people. There have been lots of such rulings. Some of them have been corrected, such as the ones permitting the horrors of slavery or the "separate but not-actually-equal" system. Many have not.

      We should be questioning the legal profession, every chance we get, unless you want a government of the lawyer, by the lawyer, and for the lawyer.

    15. Re:Can't rely on the law then by Anonymous Coward · · Score: 0

      Would it fix some of the problems if we made it illegal to practice law while being an elected official? In other words, they'd have to give up their license to practice law if in an elected position. I do wonder how many practice law while being an elected official, and may have conflicts of interest. Although, it won't stop the problem of messing with the bills, them having been a lawyer and that.

  6. The internet cannot be made "useful" and "secure". by couchslug · · Score: 1

    The way to deal with exposure is not to use insecure communications for information which must be kept secure.

    There will be much thrashing as users attempt to get secure outcomes because people are hard-headed.

    Water is wet and the Sun rises in the East.

    --
    "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
  7. A deeper hole by Anonymous Coward · · Score: 1

    It is fun to watch the USA dig themselves in a deeper and deeper hole everytime...

  8. Re:The internet cannot be made "useful" and "secur by Anonymous Coward · · Score: 0

    ok. you're right.

    that doesn't mean we have to pay vast sums of money to have these government goons vacuum
    up the details of everyones lives and store them forever

  9. The Right To Serve by deconfliction · · Score: 2

    Obviously, if you don't want the NSA to read your data, make sure they can't read them. Make sure your data is not stored outside your control by someone who could at least in theory read it (like Lavabit). Make sure the data is not stored in the USA at all if you can avoid it.

    Unfortunately there are large hypocritical corporations as well as governments colluding to prevent people from being more in control of their data by hosting it on residential servers.

    http://arstechnica.com/information-technology/2013/07/google-we-can-ban-servers-on-fiber-without-violating-net-neutrality/

  10. All NSA-related judgements should be suspended by Anonymous Coward · · Score: 5, Interesting

    Due to the scale of NSA data collection, it is safe to assume that the NSA has data about every single US judge.

    The data NSA has may render the judges unable to render impartial judgement.

    A bi-partisan political review of all NSA data about every US judge should be conducted to verify that the judges are in the position to do their jobs.

    By now the entire US legal system might be corrupted by the virtually unlimited NSA data collection.

    1. Re:All NSA-related judgements should be suspended by cold+fjord · · Score: 1

      And the internet has just jumped the shark.

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    2. Re:All NSA-related judgements should be suspended by cavreader · · Score: 1

      So you don't like the courts decision so they must be being blackmailed by the NSA? This kind of reasoning has made the truth inconsequential in todays society. Anything that validates your particular viewpoint automatically becomes true and every thing else is a conspiracy and patently untrue.

    3. Re:All NSA-related judgements should be suspended by Anonymous Coward · · Score: 2, Insightful

      Except that surveillance and monitoring of the judges are FACTS. While your "conspiracy theories" are not.

      Such facts do indeed have consequences of the legality and morality of such judges' decisions, REGARDLESS wether such records have been used or not.

    4. Re:All NSA-related judgements should be suspended by MobSwatter · · Score: 0

      True, however who is to say that being a judge these days isn't like being a politician, corporate owned before being allowed on the ballot. Sad thing is that the goberment, by it's actions appears to be instigating a civil war. No one knows this better than DHS with purchase of over two billion rounds of .223, armored personnel carriers, and turning military force on Americans (NSA is a department of defense entity)... With the knee jerk actions in mind it is conceivable that they are moving towards depopulation, or population control.

    5. Re:All NSA-related judgements should be suspended by Anonymous Coward · · Score: 0

      And if they dont have it, they make it up using guesses just like Facebook does.

    6. Re:All NSA-related judgements should be suspended by cold+fjord · · Score: 1

      True, however who is to say that being a judge these days isn't like being a politician, corporate owned before being allowed on the ballot.

      Federal judge isn't an elected position. You've got that all wrong.

      goberment

      That word and "sheeple" are usually argument "winners" all by themselves.

      With the knee jerk actions in mind it is conceivable that they are moving towards depopulation, or population control.

      No, "Infowars" hysteria aside.

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    7. Re:All NSA-related judgements should be suspended by MobSwatter · · Score: 1

      Federal judge isn't an elected position. You've got that all wrong.

      http://www.fjc.gov/federal/courts.nsf/autoframe?OpenForm&nav=menu3c&page=/federal/courts.nsf/page/A783011AF949B6BF85256B35004AD214?opendocument Woosh, yeah, appointed by the chief executive nazi, I arrest my case there...

      That word and "sheeple" are usually argument "winners" all by themselves.

      You might be confused with wolves...

      No, "Infowars" hysteria aside.

      Military force is military force no matter the subject, the damages for such can present themselves differently but the effect is the same, take a hard look at the direction the economy is going, and consider then environmental change rooted by actions of the NSA. These are grounds for the consent to be governed, be revoked, well beyond violation of the 4th.

    8. Re:All NSA-related judgements should be suspended by cavreader · · Score: 1

      So you are now saying that you have proof that the NSA is actively spying on judges in order to collect information so they can pressure the judge to make a particular ruling?

    9. Re:All NSA-related judgements should be suspended by Anonymous Coward · · Score: 0

      Due to the scale of NSA data collection, it is safe to assume that the NSA has data about every single US judge.

      The data NSA has may render the judges unable to render impartial judgement.

      A bi-partisan political review of all NSA data about every US judge should be conducted to verify that the judges are in the position to do their jobs.

      By now the entire US legal system might be corrupted by the virtually unlimited NSA data collection.

      Unable to render impartial judgement? Then why did Judge Leon say the NSA program is probably unconstitutional?

  11. Impartiality by Dereck1701 · · Score: 2

    Aren't judges supposed to be impartial adjudicators? This judges statements read like an NSA PR release touting all of the "wonders" of the NSA program without providing any evidence or noting any of the drawbacks.

    1. Re:Impartiality by nbauman · · Score: 3, Interesting

      Nobody believes that since the Republican-majority Supreme Court handed the election over to the Republican candidate in Bush vs. Gore.

      I don't even think the idealistic lawyers believe that. They've had too much experience with the courts.

      It's like the Greek philosopher Thrasymacus said: law is the interest of the strong.

    2. Re:Impartiality by cold+fjord · · Score: 1

      Nobody believes that since the Republican-majority Supreme Court handed the election over to the Republican candidate in Bush vs. Gore.

      So that's what really did it for you? That's when you started doubting the system, when the Supreme Court upheld the legal principle that you can't keep changing the rules of an election after the voting until the other guy wins?

      Scalia on Bush v Gore: ‘Get Over It’

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    3. Re:Impartiality by nbauman · · Score: 5, Interesting

      Nobody believes that since the Republican-majority Supreme Court handed the election over to the Republican candidate in Bush vs. Gore.

      So that's what really did it for you? That's when you started doubting the system, when the Supreme Court upheld the legal principle that you can't keep changing the rules of an election after the voting until the other guy wins?

      Scalia on Bush v Gore: ‘Get Over It’

      Starting in the 1970s, I worked as a paralegal in some law firms on a different cases, including a few important pro bono stuff. [Long legal experience omitted] There was a big debate at the time about whether the law was just enforcing the privilege of the rich, or whether it actually promoted justice. At one point, they had me convinced that there was some justice in the system, after we won some abortion cases and forced some cities and states to provide housing for the homeless, as they were required to do in their constitutions (which they had ignored). The civil rights laws finally helped negroes fight for right to vote in the South without getting killed https://en.wikipedia.org/wiki/Mississippi_civil_rights_workers'_murders as often, and finally gave broad protection to black people and women as well.

      So the optimists had me convinced. The law could sometimes, imperfectly, provide justice. American corporate capitalism seemed to be doing pretty good too -- good pay, secure jobs.

      Then came Ronald Reagan. The gentleman's agreement up to then in Congress was that each president would choose a distinguished legal scholar and jurist who was impartial and respected by all sides. Reagan openly announced that he would be appointing justices that would give conservatives the results they wanted. https://en.wikipedia.org/wiki/Ronald_Reagan_Supreme_Court_candidates He deliberately chose young justices (rather than the customary older, experienced justices) to end the normal rotation in the Court. I followed this on the Wall Street Journal editorial page, and they were open about what they were trying to do -- which was pack the court. And yes, Scalia was one of the nastiest bullies of all, just making decisions based on his own opinion and coming up with excuses to ignore the law. Since then it's gotten worse.

      There were many opinions of the Supreme Court that I didn't like, but I never expected to see something like Bush vs. Gore. The law in Florida was that votes were to be counted according to the intent of the voter. In order to believe that the voters intended to vote for Bush, you'd have to believe that 3,400 Jewish voters intentionally voted for Pat Bucanan, a prominent critic of Israel, instead of Gore and Lieberman. Even Bucanan didn't believe that. The 5 Republican justices ignored Florida law, and the facts, to hand the election to Bush. Since then they've been voting the Republican party line, which has moved far to the right.

      So I had to admit that the Marxist cynics were right. The law enforces the privileges of the powerful. No money, no justice.

    4. Re:Impartiality by Anonymous Coward · · Score: 0

      So I had to admit that the Marxist cynics were right. The law enforces the privileges of the powerful. No money, no justice.

      Close but not quite.

      The law enforces the status quo. The law is basically "the man"; its function, above all else, is to keep everything working smoothly in the present. It is not hard to see how this results in a lot of unpleasant consequences whenever someone tries to upset the apple cart in order to bring about a greater good.

      [The fact that it benefits the rich is a side effect of preserving the status quo. The rich are rich because they have figured out how to extract a lot of money from the present system; preserving the present system also preserves their income by transitivity]

  12. Treason against america and its people. by Anonymous Coward · · Score: 0

    On a grand scale... And we don't really seem to have a PROBLEM with that. WtF is wrong with us.

    It's wrong. Period. There's no argument here about what data is wrong to collect... It's all of it. You don't spy on your countrys people.

    Get them all up against the wall.

    1. Re:Treason against america and its people. by nurb432 · · Score: 1

      You don't spy on your countrys people.

      Sometimes you do.

      --
      ---- Booth was a patriot ----
  13. In Soviet Russia ... by nbauman · · Score: 4, Insightful

    During the cold war, we heard stories about how the Communist governments monitor their citizens.

    Now our government is monitoring us in ways that the East Germans would envy.

    Here's something useful you can do:

    -- Find out how your Congressman and Senators voted on these policies.

    -- Add it to their Wikipedia page.

    -- Don't vote for them if they don't support the Fourth Amendment.

    1. Re:In Soviet Russia ... by Anonymous Coward · · Score: 1

      There is also voting for judges (or rather voting them to leave the island) if you think they are not doing their job to uphold the constitution...
      http://en.wikipedia.org/wiki/Retention_election

    2. Re:In Soviet Russia ... by cold+fjord · · Score: 1

      If you paid attention during the Cold War you know that the problem was active oppression engaged in by the communist governments, not just the listening. Vote the wrong way - go to jail. Tell a joke about the party leader - go to jail for 10 years. Want to leave the country - go to jail.

      Write your Congressman and Senators, don't just update their Wiki page.

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    3. Re:In Soviet Russia ... by Anonymous Coward · · Score: 0

      The only difference is that in the current day, and in the U.S. Such things are not as public, this oppresion is happening in our country. We just have a better illusion that these violations do not happen.

    4. Re:In Soviet Russia ... by cold+fjord · · Score: 1

      No, not even close. Great troll though.

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    5. Re:In Soviet Russia ... by Anonymous Coward · · Score: 0

      If you paid attention during the Cold War you know that the problem was active oppression engaged in by the communist governments, not just the listening. Vote the wrong way - go to jail. Tell a joke about the party leader - go to jail for 10 years. Want to leave the country - go to jail.

      Write your Congressman and Senators, don't just update their Wiki page.

      It's not a prison until you try the door and find it's locked...

    6. Re:In Soviet Russia ... by nbauman · · Score: 1

      Write your Congressman and Senators, don't just update their Wiki page.

      That's an interesting political science model: Politicians read thoughtful opinions by their constituents, and change their policies based on reasoned facts and arguments.

      I had a friend who used to write thoughtful, articulate letters to her elected officials. I thought it was charming, in a naive way.

      In my observation, politicians are more likely to get elected based on campaign contributions from special interest groups. In addition to money, there are special interest groups that can actually drive voters to the polls, like AIPAC and the National Rifle Association.

      My Senator is Chuck Schumer. He takes in so much money he needs a Brinks truck to come back from restaurant row. I don't think he's influenced much by constituent letters. He's shocked, shocked by the wiretaps under the Patriot Act, which he opposes after he supported it. I think I'd be better off updating his Wikipedia page to reflect that. I wonder if his fanboys will revert it.

      It's kind of hopeless, but the best way to make a difference without being a billionaire is to support challengers in the primaries, and third parties in the general elections, in close races.

    7. Re:In Soviet Russia ... by cold+fjord · · Score: 2

      If your Senator is Chuck Schumer then you have my condolences.

      Most politicians do pay at least some attention to the public's sentiment on various issues. When they get volumes of communications about a subject they are likely to take that into account, including which way the communications lean. There are no guarantees that will change anything. Some questions are a matter of party discipline and a particular vote is demanded. In other cases they are free to vote their conscience, and in those cases they may very well take the views of constituents into account, as well as those of the usual insiders.

      Some of them actually do read at least some of the letters, or if the staff finds one with interesting views. That is why it pays to write, and not just use a form letter. From time to time a Senator or Congressman will credit a constituent with being the motivating force behind a particular piece of legislation, or a vote.

      One other thing to keep in mind is that due to their position they may be aware of things that their constitutes aren't, and may use that as a basis for their vote. That is certainly going to be true to at least some extent for national security matters in which they receive classified briefings that they can't discuss. Unfortunately I doubt that they necessarily get as much information as desirable, but on the other hand some of them can't be trusted to keep a secret. I believe that Patrick Leahy has previously lost committee assignments due to that sort of problem.

      At the end of the day it doesn't matter how many billionaires you have as friends, the voters in a district are the ones that decide the election. If they are mad at you, you aren't going to win. Given Schumer and his district I wouldn't count on him losing before retirement unless there is huge blowback from something. Obamacare might do it, but probably not.

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    8. Re:In Soviet Russia ... by mrbluze · · Score: 1
      From the OP:

      If you paid attention during the Cold War you know that the problem was active oppression engaged in by the communist governments, not just the listening. Vote the wrong way - go to jail. Tell a joke about the party leader - go to jail for 10 years. Want to leave the country - go to jail.

      ...

      The only difference is that in the current day, and in the U.S. Such things are not as public, this oppresion is happening in our country. We just have a better illusion that these violations do not happen.

      ...

      No, not even close. Great troll though.

      There is oppression, however the US has until now used a different way of doing this. The Soviet Union was in-your-face brutal about it but the West does this instead by degrees, through social / financial / legal ruination and then by physical means when the above are not useful. If fear is overused in statecraft it results in loss of productivity through reduced innovation and motivation. The intelligence gathering system is for picking the victims. If this is thwarted, the oppression cannot occur.

      Both regimes (US and USSR) had no inhibitions on learning about the limits of the human psyche and testing methods of manipulating the population, and both regimes would employ whatever means each thought necessary and feasible to achieve whatever the aims are.

      The only thing preventing outright oppression in the US is that people's stomachs are still full and apathy is rife, in contrast to what was the case in the USSR.

      --
      Do it yourself, because no one else will do it yourself. [beta blockade 10-17 Feb]
    9. Re:In Soviet Russia ... by SageMusings · · Score: 1

      "Add it to their Wikipedia page"

      Their staff will pull it down the next day. Try it sometime. You cannot get anything on their they do not already approve of.

      --
      -- Posted from my parent's basement
  14. Is this really a problem? by mark-t · · Score: 0

    I mean, the amount of data flowing out there is enormous, and I can't see them possibly being able to assimilate it all. Only a couple of days ago it was mentioned that they were drowning in data, and being explicitly legal for them to monitor stuff won't change that (if anything, it will make it worse) Any security you have will ultimately have to come from being a figurative (non-ferromagnetic) needle in a haystack.

    1. Re:Is this really a problem? by Anonymous Coward · · Score: 0

      It's a problem because however ineffective it is, we're still paying for it. Get a ruling that these methods are off-limits, and we can stop funding them.

    2. Re:Is this really a problem? by mark-t · · Score: 1

      Even if it *were* ruled as illegal, they'd still go and do it anyways... the only difference being that we wouldn't know about it. It would still be just as ineffective, and you'd still be paying for it, so, as I said... is this really that serious a problem that it's explicitly legal for them?

    3. Re:Is this really a problem? by Anonymous Coward · · Score: 1

      "able to assimilate it all"
        They do not need to assimilate it. they only need to search it.
      We cannot win this war by voting or begging for privacy. We can only fight back harder. Turn the surveillance back on them.
      More leaks.
      More Encryption.
      Expose all government, judges, police etc...
      Less facebook.
      More Anonymous.

    4. Re:Is this really a problem? by Anonymous Coward · · Score: 0

      "the amount of data flowing out there is enormous, and I can't see them possibly being able to assimilate it all" Don't say that you are that naive. Supercomputers, and the right programming can achieve this easily.

    5. Re:Is this really a problem? by mark-t · · Score: 1

      With a sufficient quantity of data coming in, even simply searching it is not necessarily viable Try doing a grep on a constantly growing data stream.... now imagine what happens when the rate of data you have going in exceeds your computer's ability to process even for something as simple as a search. The amount of information moving around the net every second is immense. You'll end up either with a constantly growing backlog that never gets empied or else you end up with large amounts of data being ignored because based on random sampling, it's assumed that nothing of import is going to be found in temporally proximate data packets. Either way, large amounts of data never get examined.

    6. Re:Is this really a problem? by Anonymous Coward · · Score: 0

      Google etc search engines shows that the problem is solvable by throwing huge amount of computing resources and smart people to work on that. The NSA has no trouble getting a blank cheque.

    7. Re:Is this really a problem? by mark-t · · Score: 1

      Even google can't search through the entire world's communications in real time.

    8. Re:Is this really a problem? by Anonymous Coward · · Score: 1

      The archive everything to be processed later. They pick targets (strangely enough, this tends to be politicians, allies, and corporations, not terrorists for some reason) and are able to pick out anything they've ever done online. They can filter from there. Should they choose to, they can then employ other tactics to listen in realtime. Don't even pretend they cannot listen to your phonecalls or internet connection in realtime once you've been targeted.

    9. Re:Is this really a problem? by mark-t · · Score: 1

      Except that real-time communication doesn't ever stop. It just keeps coming in, incessantly, causing an ever growing backlog of data that will inevitably consume all available storage space, and eventually data will be ignored, or else they will have to restrict their search to quantities that they can search in real time without creating a backlog (which would be a small minority of the actual data out there).

    10. Re:Is this really a problem? by AHuxley · · Score: 1

      The US gov wants to keep it all for a legal, court usable replay over your lifetime.
      Every call, email contact, a book buying list, travel arrangement, banking detail, friends, friends of friends, family, credit card use...
      So if you become political, take up some issue in your State or federally, protest "the" next war, write to the press, write to political leaders, use your income for political issues, support charity events, support faith based groups - you end up on lists.
      http://www.slate.com/articles/news_and_politics/frame_game/2013/06/surveillance_lockbox_why_can_the_nsa_search_your_phone_records_without_a.html
      http://thelead.blogs.cnn.com/2013/06/18/nsa-whistleblowers-obama-administration-misleading-on-surveillance-programs/
      From testimony to the Senate Judiciary Committee on March 30, 2011:
      ...."gotten together with the DOD where we've put together this technology database where I can go in, and I can, with one query, I can get all past and all future e-mails from a person,"
      Parallel construction: https://www.eff.org/deeplinks/2013/08/dea-and-nsa-team-intelligence-laundering
      The tracking seems to be keyword and new contacts to know people, organizations, voice prints, call data, email, postage use, internet logging.... been seen at a protest or been linked to one.
      With 2 -3 hops from any person been considered - the numbers of people been looked from one individuals positive identification: 1 person to 10-100 friends/contacts and all their 100's of friends/contacts and beyond with any their issues been linked back down that one person...
      http://arstechnica.com/information-technology/2013/07/you-may-already-be-a-winner-in-nsas-three-degrees-surveillance-sweepstakes/

      --
      Domestic spying is now "Benign Information Gathering"
    11. Re:Is this really a problem? by mark-t · · Score: 1

      My point is that they are going to do it anyways, even if it is illegal.

      As it is, the fact that there's so much data to have to search through means it's inviable for them to really search it all.

      Your privacy, therefore, is secured from the fact that your life is just a drop in an unending ocean of data.

    12. Re:Is this really a problem? by AHuxley · · Score: 1

      Re going to do it anyways
      At this point many still have freedom of speech, association, the press, faith, political support, charity work, travel, reading of books/web use... courts, warrants and witnesses...
      Once you face the "lockbox" it all becomes sealed to the court and your lawyer gets to see your 'past' and do what? Can they talk about the methods, challenge the collection, call experts - your back to a very old legal idea the https://en.wikipedia.org/wiki/Star_Chamber with a fun web 2.0 update.

      --
      Domestic spying is now "Benign Information Gathering"
  15. The phone company is not a third party. by Immerman · · Score: 2

    What I want to know is, why the phone company is considered a third party at all? As I understand it a legal third party is a party uninvolved in the transaction. If I give you $10 and Bob happens to walk by, Bob is a third party. However, if I give $10 to Bob to give to you he is now an intermediary, not a third party. By the same reasoning the phone company is an intermediary in our telephone conversations.

    --
    --- Most topics have many sides worth arguing, allow me to take one opposite you.
    1. Re:The phone company is not a third party. by Anonymous Coward · · Score: 1

      What I want to know is, why the phone company is considered a third party at all? As I understand it a legal third party is a party uninvolved in the transaction. If I give you $10 and Bob happens to walk by, Bob is a third party. However, if I give $10 to Bob to give to you he is now an intermediary, not a third party. By the same reasoning the phone company is an intermediary in our telephone conversations.

      It has to do with who is involved in the "transaction". If I hand you a letter, but pay someone else to actually take it from my hand and put it into yours, that person is a "third party" with respect to the transaction you and I conducted. But I created a different transaction between him and I, in which he's a direct party not a third party.

      So the government's usual stance is that the Constitution refers to the "conversation" itself, to which the Telco is a "3rd party", even though you (and the other guy) each have your own direct relationship with the Telco.
      Or to use an old-time example, if you pay a Courier to deliver a letter to me, and the cops stop the Courier and search him, they might be violating HIS right against search/seizure but they are not violating YOUR right since you already gave up the letter to a "3rd party". And when the courier is just straight up letting the Cops read the letters he's carrying, there aren't any actual "Rights" violations going on.

      (not that I agree with it, i'm just explaining things)

    2. Re:The phone company is not a third party. by currently_awake · · Score: 1

      What I want to know is why they need a warrant for my data, but not for the phone company data. How exactly is corporate data less worthy of protection?

  16. What uncertainty? by Anonymous Coward · · Score: 0, Interesting

    leaving both individuals and corporations uncertain of whether their phone calls, online activity or even data stored in the cloud will ultimately be shielded by U.S. laws protecting property, privacy or search and seizure by law-enforcement agencies.

    What uncertainty? If you have data on company X's servers, and law enforcement shows up with a warrant to search company X's stuff, they are getting those servers. There's nothing uncertain about this, it's the way it has always been. I mean we even discuss it here on /. every damn time a data center gets raided anywhere in the world.

    Not to mention the fact that company X has the right to do pretty much whatever they want with that data, including hand it all over to law enforcement or selling it for market research. You can disagree with it, but that's reality, only narrow classes of information are legally protected (in US... where some of your data probably is, on the "Internet has no borders", so cry me a virtual river).

    I really can't wait for this NSA crap to blow over so we can talk again about things like who owns data in the cloud, what laws keep it from being analyzed or sold, what jurisdiction, etc. instead of all this faux surprise "but teh gubmint..." bull crap.

    I don't get how we can talk about all the ingredients to this soup, HERE on /. even, and be _remotely_ surprised when we take the lid off. I'm OK talking about change, and stronger privacy protections, but in the old context of "because we don't have any" not this hopeless reactionary NSA hate where as long as "they" don't get your data we don't care.

    Seriously, it's sort of... you know you don't have a fence on your lawn, you should know that animals shit on it regularly, but when someone tells you that guy you don't like, Jim down the street let his dog shit on it, it's time for fisticuffs.
    The neighbor you abruptly stopped discussing privacy fences with last week is just scratching his head wondering if he should even tell you about all the cats or that stray dog dropping a deuce on your petunias, judging by your rage induced hyper focus, he's guessing it wouldn't matter.

  17. No, It Does Not. by Anonymous Coward · · Score: 0

    The NSA's most recent legal win introduces NOTHING. It changes NOTHING.

    Nothing that was or was not happening five or even 10 years ago is changed. Nothing that was happening prior to Snowden's revelations has changed in any way due to NSA's legal wins or losses. They still do what they choose to do and they still do it with impunity.

    WORST OF ALL they still do it with the acceptance and support of the majority of the U.S. population. Cause terrerists.

  18. Data you put in the cloud is not yours. by MobSwatter · · Score: 1

    There is already case law to that effect, take a close look at the megaupload case.

  19. The ruling does nothing novel by Jay+Maynard · · Score: 2

    The article summary is misleading. The Supreme Court ruled, in Smith v. Maryland, 442 U.S. 735 (1979), that you don't have a reasonable expectation of privacy in records you don't control. It's not Judge Pauley's conclusion, it's binding precedent that the court that rucked against the NSA handwaved away with not good explanation.

    --
    Disinfect the GNU General Public Virus!
    1. Re:The ruling does nothing novel by russotto · · Score: 4, Interesting

      The Supreme Court ruled, in Smith v. Maryland, 442 U.S. 735 (1979), that you don't have a reasonable expectation of privacy in records you don't control. It's not Judge Pauley's conclusion, it's binding precedent that the court that rucked against the NSA handwaved away with not good explanation.

      The question is whether Smith v. Maryland -- which was about one order to put a pen register on one phone based on suspicion (but no warrant nor probable cause) -- is distinguishable from this case where every phone record from every phone in the country with no particularized suspicion at all. Pauley explicitly ruled "no", the other court ruled that it was distinguishable.

      If the NSA metadata collection is not distinguishable from Smith v. Maryland, then the slippery slope argument is not a fallacy.

    2. Re:The ruling does nothing novel by Jay+Maynard · · Score: 2

      The other ruling, by Judge Richard Leon, distinguished this case from Smith v. Maryland on the basis that the NSA's metadata collection was different in nature because of its volume. However, as Power Line's Paul Mirengoff noted,

      But these changes provide no sound basis for distinguishing Smith. That case rests on the view that, because of the nature of metadata, its collection by the government without a warrant isn’t constitutionally problematic. This true no matter the quantity of metadata the government collects.

      It's going to take the Supreme Court deciding that yes, you do have an expectation of privacy in records you did not originate, never possessed, and have no control over, and thus to throw Smith v. Maryland out the window, to have the NSA metadata collection ruled unconstitutional. Fourth Amendment jurisprudence rests very squarely on the idea that you only have an interest in not having subject to search those things and places where you have a reasonable expectation of privacy. That's where the arguments will fall down.

      --
      Disinfect the GNU General Public Virus!
    3. Re:The ruling does nothing novel by fatphil · · Score: 1

      We are told (QI?) that US public phone booths do not have doors because a door would create a reasonable expectation of privacy. The implication is that if since that decision was made, you make a phone call from such a booth, all information about it is fair game to whomever. So your use of telecoms facilities has never been particularly private. (Personally, from that superficial summary above I think even Smith v. Maryland has gone too far. Why was there no warrant? Would that have required too much police-work? Like the "hunch"es that we see on the movies?)

      --
      Also FatPhil on SoylentNews, id 863
  20. What uncertainty are they talking about? by rmstar · · Score: 1

    leaving both individuals and corporations uncertain of whether their phone calls, online activity or even data stored in the cloud will ultimately be shielded by U.S. laws protecting property, privacy or search and seizure by law-enforcement agencies.

    If after all that has happened someone is still uncertain about this, then i'm quite certain that something is wrong with his/her cognitive abilities.

  21. The technical is more important than the legal... by dtjohnson · · Score: 2

    Pitting the two legal 'sides' against each other in a figurative battle and commenting on the results (as TFA does) is missing the point completely. We live in a time when the technical capabilities and resources for surveillance have become so much more powerful than those of privacy than, in effect, window blinds and draperies no longer exist and we are all unintentionally parading around in front of uncovered windows without any clothing. To put it another way, governments will monitor all communications for no other reason than that they can. Even if the NSA is stopped, you can be sure than every other country in the world either has its own program underway or is in the process of rapidly doing so. You should assume that someone somewhere is logging your calls, surveying your internet traffic, gathering your voicemail data, recording your online banking profile and purchases, and so forth...because they can. This situation will not change until the technology available to defend yourself from digital intrusion catches up with the technology already available to the offense...and that might be a while yet.

  22. It's a valid opinion by WOOFYGOOFY · · Score: 5, Interesting

    It's just wrong, that's all. Wrong because our emails are *clearly* the "papers" mentioned in the Constitution. If there's a law that makes 3rd party possession of same somehow the equivalent of "it suddenly not being yours" then it's THAT law that has to go. This is how it is in most of Europe BTW. YOU control your phone records, not Verizon.

    I could almost live with TIA if I thought that it would only be accessed via a court order, but that's not what we have. What we have is secret FISA orders, executed in secret, using secret criteria in accord with secret interpretations of secret executive orders.

    I sympathize with this judge's concerns, I do, but the real world consequences of what they're doing are more likely to be worse than the real world consequences of stopping them from doing it, even if we have another 9-11 every year.

    Our democracy will not survive if the government can data mine all our "anonymous" data until programs it wrote decide that we fit a "profile" and THAT itself constitutes "reasonable suspicion". This can be used to stifle all dissent, and will be used for exactly that, starting, obviously, with people who speak out against the legitimacy of this process in the first place. A guy like Howard Zinn would just be destroyed by this.. we wouldn't have legitimate dissent in this nation.

    Here's something that should help people think clearly on this topic. The NSA line operators and management REFUSED to permit the NSA to apply the same level of monitoring to THEM as they apply to us. They didn't want Congress to second guess them or know what they were doing.

    (Binney) ".. also explained that NSA never developed and implemented technology in order to have the capabilities to track activities by employees on the agencyâ(TM)s systems because of two groups of people: the analysts and management.

    The analysts âoerealized that what that would be doing is monitoring everything they did and assessing what they were doing. They objected. They didnâ(TM)t want to be monitored.â

    Management resisted because it meant one would be âoeable to assess returns on all the programs around the world.â It would be possible to âoelay out all the programs in the world and map [them] against the spending and the return on investment.â

    It meant the agency would be âoeexposed to Congress for auditing,â Binney added.â Management did not want that."

    From:

    http://dissenter.firedoglake.com/2013/12/27/interview-with-nsa-whistleblower-bill-binney-afraid-were-spreading-secret-government-around-world/

    But this is the ONE thing that MUST be implemented. If an NSA operator cuts a fart, I want Congress to be able to know what he had for lunch. Unwatched watchers cannot be permitted to exist. Period.

    At the heart of what's going on here is the people at the NSA are looking into their own hearts and deciding that they're all right and the American public has nothing to fear from them or their intentions. Bully for them, I'm sure it's true, but they won't always be there.

    It's not about them or their intentions. It's about the institution, the process, *the machine* and how we're building that machine.

    You can't say to yourself, as an NSA employee, by way of assuaging your own secret apprehensions, "Well, if push ever does come to shove, if it came right down to it, an unconstitutional, openly fascist-level of abuse would just never happen because WE'D never permit it". At least, you can't tell yourself that and also bash guys like Snowden and Binney because THOSE guys , whom you hate so much they make you grind your teeth , they're exactly the hypothetical WE you posit in the above safeguard. It doesn't look any different that THIS .. THIS THIS that is before your ey

    1. Re:It's a valid opinion by WOOFYGOOFY · · Score: 1

      Should have been secret FISA COURTS COURTS...obviously

  23. I say BS by Anonymous Coward · · Score: 5, Interesting

    "The decision of a New York judge that the wholesale collection of cell-phone metadata by the National Security Agency is constitutional ties the score between pro- and anti-NSA forces at one victory apiece.

    I call BS. Nowhere in the article did the judge even mention the Constitution. From the information provided in the article, the judge is obviously either paid off or incompetent. He states that

    In the 54-page opinion issued in New York, Pauley said the sweeping program "represents the government's counter-punch" to eliminate al-Qaeda's terror network by connecting fragmented and fleeting communications.

    which has nothing to do with legally acquiring evidence or the Constitution, and

    "There is no evidence that the Government has used any of the bulk telephony metadata it collected for any purpose other than investigating and disrupting terrorist attacks," he wrote.

    which once again was irrelevant to the question before the court. Just because the government has NOT YET been caught using the data illegally has nothing to do with it being illegally acquired.

    The judge also quotes extensive justifications from the Patriot Act, which last I checked, is NOT part of the Constitution.

    1. Re:I say BS by Anonymous Coward · · Score: 0

      He's a judge in the NYC District... you don't think the Fed paid him off?

    2. Re:I say BS by WOOFYGOOFY · · Score: 1

      Nice comment. Good points, good job, thanks.

  24. Espionage Is Legal by Anonymous Coward · · Score: 1

    President George Walker Bush granted the Telecoms with impunity from USA laws in the beginning of this mess.

    Now a District Court Judge finds Bush's NSA, which Obama inherited, is all legal.

    If this Judge is correct, then was the Bush White House correct to grant all Telecoms impunity? If no then can Bush be tried for treason?

    Can the NSA's "methods and techniques" be reversed engineered? Yes. And in doing so applied to the communications of President Obama? Yes. Would that be legal? Given the Judge's opinion, if not overturned on appeal, the answer is Yes!

    Has Google reversed engineered the NSA "methods and techniques"? Let's hope so.

  25. If there's no expectation of privacy for this data by darkonc · · Score: 1
    Does this mean I can get all of the metadata for calls made to and from the Whitehouse?

    Remember: No expectation of privacy -- which means that secrecy is a complete no-go..

    --
    Sometimes boldness is in fashion. Sometimes only the brave will be bold.
  26. Business Records by Anonymous Coward · · Score: 1

    How long before lack of adequate federal revenue justifies the seizure, archiving and datamining of all business records and transaction?

    Not that I'm against such daylight... I believe that we'd be better off if ALL such dealings were a matter of open public record. Then no one would be able to use their wealth or privilege to avoid responsible and necessary contribution to the common wealth or engage in politics by surreptitious means and methods without the possibility that their interest, activity and opportunity for personal gain could be hidden. 501c4 nonprofits currently disguise far too much activity on the part of those who seek to slip the brass ring through your nose using public airwaves, astroturf-like 'grassroots' organizations, politically oriented foundations and group-think tanks. Mushrooms may be happy with their diet in the dark, but no reasonably intelligent American should be.

    What would happen if we all could know what every person and artificial person was doing with their wealth; what they supported, who they did business with and why so much of their wealth went into the black market or was spent promoting unenlightened self-interest.

  27. By the Declaration of Independence... by 3seas · · Score: 1

    the founder recognized the rights and DUTY of the people to put off Tyranny.
    Its not law, its more powerful than law, its the foundation and spirit of all legitimate law.

    With this that judge is up for being fired.... someone just need to do so...... Tell him he is fired.

    1. Re:By the Declaration of Independence... by cold+fjord · · Score: 1

      Judges can be removed by Congress, that's it. Private citizens don't "fire" judges, or even try, unless they want to go to jail for threatening an officer of the court. If you don't like the way things turned out then write your Congressmen. That is the way things work.

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
  28. Nothing has really changed by cold+fjord · · Score: 1

    The status of the law isn't all that different than it was 30 days ago. The only "win," defined as a finding that the NSA's activities may not be legal, is a preliminary injunction for two people, and the case has yet to be decided. That isn't a win yet. It is also unlikely that complainants in the suit winning the injunction will ultimately prevail upon appeal. You can read some informed legal commentary from an actual law professor here:

    Another Problem With Judge Leon’s NSA Opinion: Absolute vs. Relative Measurements and Fourth Amendment Reasonableness
    Can the DC Circuit Use the Mosaic Theory to Invalidate the NSA Telephony Metadata Program?

    This same law professor comments on the last case here:

    Judge Pauley of the SDNY Upholds NSA Section 215 Program

    The bottom line is nothing is really different.

    --
    much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
  29. Mortgage = Gefucked by Anonymous Coward · · Score: 0

    So if I don't own my house outright, they can come in without a warrant now? Since my information is held by a third party (the bank)...

  30. Re: by Anonymous Coward · · Score: 3, Insightful

    i suppose being the girl/boyfriend of a terrorist does make you a valid target.

    Being the girl/boyfriend of a NSA Employee does not make you a valid target.

  31. I think NSA is shooting in their foot by Anonymous Coward · · Score: 0

    They NSA may have won a battle, but it would be smart to wait and see who will win the war of the public opinion. If they lose the war of public opinion (and most of the public opinion is clearly pro 4th amendment), then there could be new rulings issued or new laws enacted that would criminalize what NSA was doing for a long time.

    Please keep in mind that the discussion is steered only to the phone records, however the suspects (citizens) leave much thicker digital trail: emails, internet searches, movements of person, movements of the properties (cars), all the banking transactions, healthcare records, your behavior at home and many more.

    Allow me to give theoretical example: if I, for example, have a teenager son, and I decide to run to the political position I will become 100% vulnerable because my home internet log profile shows communication with the teenage girls. It does not matter that the teenager son was communicating with his friends, the fact of communication itself happened can and will be used to blackmail and to damage credibility. This everyday example alone is adequate to bring a point to those who say "If you haven't done anything wrong, you have nothing to fear". I think those words are attributable to Goebbels

  32. Re: by davester666 · · Score: 1

    whoosh

    --
    Sleep your way to a whiter smile...date a dentist!
  33. NSA is OK because FB is ok by Anonymous Coward · · Score: 0

    NY judge used interesting argument on top of others: private people gave their privacy away to private companies like FB and google in effect letting privacy being abuse already and as nobody complained this is then OK and NSA can proceed. I think such argument means Zuckerberg should be sent to Guantanamo but the judge sees it differently.

    Other than that I do not need much more arguments to see that beacon of liberty and cradle of human rights and democracy are just as fake as anything else coming from Hollywood.

  34. The old analogies don't hold by Anonymous Coward · · Score: 0

    The problem I think is that the courts are still trying to work by analogy (as we in the law are taught to do) to very old case law which looked at the depth of an intrusion and the expectation of privacy one had—whether it's looking into your bedroom window or reading the outside of a letter. What wasn't foreseen was the gov't being able to intercept *every* bit of previously innocuous, public data—for example, every phone call, every internet request, even every block you drive or walk through the streets (by tracking your phone, facial recognition, etc.). I'm not sure the 4th A., which clearly wasn't designed for this sort of situation but *does* embody a notion of a right of privacy, can be stretched intelligently by analogy to the effortless trapping and searching of everything we do. The paradigm may have to change, to refocus on the amendment's notion of privacy rather than analogies to peering through 18th century windows. (The Supreme Court did say things had gone too far with infrared surveillance, even though the infrared radiation itself is basically public.)

    It's hard to say exactly what is wrong with government surveillance nowadays, but "it's creepy" is a good place to start.

    Moreover, this is an area for legislation. The bill of rights and somewhat unpredictable courts don't have to do all the work. Look how long it took to invalidate the laws on sodomy (by which I mean oral and anal, hetero or homosexual), when the legislature could have done it in a jiffy.

  35. Playing Field Leveled by Anonymous Coward · · Score: 0

    They District Court "Judge" may not realize the 'broader impacts' of his 'Legal' ruling on part of the NSA operations network against USA citizens.

    That is Perfect!

    By issuing a judgement that acquiring phone meta-data from "any" third-party is legal, means that "anyone" has protection under the USA laws to do the same!

    Reversing engineering NSA's methods and techniques is a short matter of time.

    Before long, apps or javascripts or c/c++ code-bases will be available to anyone and freely useable.

    Question now is: who will be the first target of the new legal phone meta-data mining?

    With the mid-term elections coming in November and the next Presidential election in 2016, the obvious "candidate(s)" is obvious.

    Welcome to the New USA Barak; feeling ... 'meta?'

  36. Ding Dong... by Anonymous Coward · · Score: 0

    The Cloud is Dead!

    All cloud based services will cease to exist within a few years once people realize that shit is insecure as plastic wrapping over a broken window. The same goes for Europe, they'll be pulling out of all U.S. businesses offering cloud services so fast they won't know what hit them.

  37. He didn't say it was constitional... by Anonymous Coward · · Score: 0

    ...he said it was legal. Big difference (unfortunately).

  38. Reasonable ??? by Anonymous Coward · · Score: 0

    The 4th amendment uses the term reasonable; but the "reasonable person" idea is a sophist distortion of intent. The 4th amendment defines what is reasonable here: Probable cause, supported by oath or affirmation, an explicit description of the thing(s) to be searched for and the place(s) to be searched, enabled by a warrant issued by a judge on those specific predicates.

    Just ask yourself: If that's not the definition of "reasonable" WRT search and seizure, then why does the 4th bother to lay all that out? Where in the 4th does one manage to gain an appreciation that one can ignore all those things on the idea that someone just thinks it'd be a good idea today? If one can ignore them just because it's... reasonable... then WTF was the point of putting them there at all?

    I submit to you that reasonable in this case is wholly defined, and has nothing whatsoever to do with what a "person might think." Reasonable is laid out for us.

    Now you (or some judge, or some government official) may argue that there are cases where we need to be able to search right bloody now, etc., and you know what? I might, as a "reasonable person", agree with you, but: if we want to change the limitations explicitly placed upon the federal (and via the 14th amendment, the states), the only legitimate path to do so is via amendment.

    Not by some sniveling judge, or worse, some government drone muttering "for the children" or "terrorists!"

    --fyngyrz

    (Anon due to mod points.)

    1. Re:Reasonable ??? by Jane+Q.+Public · · Score: 1

      "The 4th amendment uses the term reasonable; but the "reasonable person" idea is a sophist distortion of intent. "

      Only if you interpret my statement that way.

      What problem do you have with determining that electronic communications constitute "papers and effects"? Paper was how any communication that was not face-to-face was performed in those days.

      But YOU are conflating here two different things. Our LEGAL SYSTEM itself (though not necessarily the Constitution) is supposed to adhere to the "reasonable person" standard. This is completely aside from the Constitution. The Reasonable Man standard was from Common Law, which predated the Constitution.

      You need to remember that the Constitution does not define our rights. It DOES explicitly say that the government may not infringe certain of those rights, but we also have rights that are NOT in the Constitution.

      For example, the Supreme Court has ruled that we have the RIGHT to privacy and anonymity, even though they are not mentioned in the Constitution, because without them a democratic government cannot exist for long.

    2. Re:Reasonable ??? by Anonymous Coward · · Score: 0

      My problem is that the courts are not given the option of using the "reasonable man" principle in regard to search and seizure. They are constrained explicitly by a higher set of rules: the rules that authorize the existence of the government. When they break them -- and they are breaking them if they try to say a search is "reasonable" without a warrant -- they're also breaking their oath to uphold and defend the constitution, and as far as I'm concerned, they lose any authority and respect they deserved. Also, such decisions are by their very nature invalid: The government is forbidden to pursue search and seizure except as authorized in the constitution.

      I don't have any problem with papers being non-woodpulp, or effects being digital. I think, as it appears you do, that it is obvious. When it isn't obvious to someone, either they are stupid, or they are being disingenuous. Usually the latter, as this tends to happen mostly within the legal community. They're rarely stupid, and often dangerous, selfish, and sophist.

      --fyngyrz

    3. Re:Reasonable ??? by Jane+Q.+Public · · Score: 1

      "My problem is that the courts are not given the option of using the "reasonable man" principle in regard to search and seizure"

      But yes, they are. When determining what constitutes search and seizure. That's where they invoke "reasonable man" and "reasonable expectation of privacy".

      "The government is forbidden to pursue search and seizure except as authorized in the constitution."

      I think we're basically in agreement. I was just pointing out that sometimes there is a gray area regarding the decision as to whether something WAS a search or seizure, under the law.

  39. Re: by Anonymous Coward · · Score: 0

    If you were equally concerned with Apple, Yahoo, Google, Microsoft, ATT, Verizon, etc. employees going through your junk that's one thing, but irrational focus on NSA is silly.

  40. Re:The technical is more important than the legal. by MacDork · · Score: 1

    Pitting the two legal 'sides' against each other in a figurative battle and commenting on the results (as TFA does) is missing the point completely.

    Boy howdy. This judge ruled it's legal under sec 215 of the patriot act. The other judge ruled section 215 is unconstitutional. Both judges can be right.

    Imagine if the legislature passed a constitutional amendment instead of a law in 2001. They had the votes to do it. BTW, I agree with your conclusion. If the NSA isn't submitting broken encryption standards and bad commits, then someone else will. Even if they stop, this is the wake up call.

    If you aren't working on NSA proof apps/protocols now, you're wasting your time. Nobody will comply with hijackers after 9/11. Nobody will blindly trust your code after Snowden's leaks.

  41. "Well Done" by djconsultingmeister · · Score: 1

    Exactly what I have thought myself thanks.

    --
    CrazyOldMan
  42. "What's all this I hear by Anonymous Coward · · Score: 0

    ..about our NSA collecting everyone's cell phone meatdata? Meatdata! What on earth goes on there in that agency? "JEESE" They are supposed to be a trustworthy, responsible bunch, safeguarding America's security, making sure we remain the Land of the Free, I thought..

    Personally, I don't broadcast my meat internationally, and anyone putting their meat online for all the world to see and [Gosh knows what else] should expect that someone is going to collect.. What? What's that? That's metadata? Cell phone metadata? Oh.. OH!

    [nevermind..] "

  43. Knowledge is Power by ememisya · · Score: 1

    The amount of information one could gather about a person simply from their cellphone is outright scary. Shine a light to your eyes until you see that green spot, and start reading something. Notice how that spot lands on exactly the word you are reading. Using the front facing camera and a constant screenshot stream from your phone and I could even tell how you feel about certain words to some extent.

    It's possible that someone you haven't met could know everything about you, and you'd never know that they do.

    In a day and age when just about every app gets permission to your camera and GPS location, and most people just press "Install" as a habit, I'm truly glad we're having this conversation.

  44. The cure being worse than the disease. by malvcr · · Score: 1

    The law is an interpretation.

    That interpretation is given by people according with their own realities, and in this case, according with the specific US laws and regulations.

    Then, THE CLOUD is over as a concept, and it only needs to be considered within each country limit, because the "not owned" data belongs to the country where the servers are located and not to the individuals whose data is used to derive that "not owned" information. As many services, including the "big ones" are located in the US territory, the rest of the world is basically a set of second class individuals.

    I am part of this second class, so what I can do is to try not to share anything I consider private on the Internet ... what this means?

    A complete fragmentation of the Internet. No more private data traveling it.

    Each country needs to derive its own local services that will be ruled by their own regulations. The United States is forcing the World to follow what North Korea and Iran are doing, to build big intranets instead of being integrated as part of the connected Internet, this would make this surveillance system completely useless.

    This is far of being a solution, and from my perspective, it is the most stupid and naive way of working. This is like a naughty child trying to find a justification to continue being naughty instead of learning to grow up and behave with more common sense and reasonings. What is being justified is brute force behaviour instead of intelligent one.

  45. The 5th by Anonymous Coward · · Score: 0

    Privacy is a 5th Amendment issue. If online activity is considered speech, then we need to recognize that the 1st and 5th Amendments aren't mutually exclusive to each other, and aggrivated data collection against an individual's wishes is a violation of their 5th Amendment rights.

  46. Judge William H. Pauley by fredrated · · Score: 1

    is a shit-eating, dog fucking son of a whore that represents all the is corrupt in Amerika. May he soon die a horrible painful death.

  47. The Girlfriends by PortHaven · · Score: 1

    The Girlfriends and Ex's of NSA employees who were being spied on.

    There, I've said it....now go screw yourself.

    Right, like Tsanarev whom the U.S. government's security agencies were repeatedly warned about but didn't even bother to monitor. Cause they're way to busy spying on all the rank and file Americans.

  48. And let's not forget... by PortHaven · · Score: 1

    We have one other document that is actually higher than the Constitution. No, it is not a legal document, for it transcends the laws and even exceeds the SCOTUS

    We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.

    THIS GOVERNMENT IS GETTING DAMN CLOSE TO THAT LINE

  49. Um... by PortHaven · · Score: 1

    You forgot to mention where it states that he will also have the authority to listen to every phone call, intercept emails, papers and parcels. All without warrant?

    You also forgot to mention the oath of every serviceman to DEFEND the Constitution against POWERS both FOREIGN and DOMESTIC

    Yes, I'm shouting. We need a little shouting. Cause this crap is inexcusable.

  50. If you can't see how... by PortHaven · · Score: 1

    Then you sir, need to tie a cinder block around your neck and go swimming in a pool. I doubt you'll foresee what affects that might have either.

    But suffice to say, the U.S. government security agencies were repeatedly warned. And I will wager you a $100 that had they monitored their phones and communications that they would have easily foiled the Boston Bombing.

    NSA isn't concerned about any threats. Neither is .gov. If they were, they'd have equipped the U.S. Coast Guard with anti-submarine capable cutters and drones for monitoring our coastline. # threat to America is a 25 ft sailboat with a nuke or dirty bomb sailing from West Africa or Indonesia into a U.S. port.

    No, they don't care about foriegn threats. All of this is about monitoring U.S. citizens. Because they're far more afraid of US than THEM.

  51. Hey twit by PortHaven · · Score: 1

    We're not at war. Congress hasn't declared a war in my lifetime. You want to call that bullshit, than call it right.

    Furthermore, we're not pointing to one failure. But the fact that NSA, TSA, etc, have failed to stop anything. The only cases they have stopped were ones instigated and pushed by the FBI themselves.

    What essential liberties? The right not to have my daughter groped by a TSA thug. The right to not have my papers (be they paper or electronic) searched, seized, detained without a warrant.

    Hell, how about the right not to have to buy a product??????????

  52. Dear Slashdot moderators by PortHaven · · Score: 1

    Can we PLEASE block the IP addresses of the NSA so they can't keep posting anonymously.Thx ;-)

  53. There is NO LOOPHOLE by PortHaven · · Score: 1

    The Constitution already forbids it...

  54. Great News....4th Amendment... by PortHaven · · Score: 1

    DOESN'T APPLY TO RENTERS. ONLY HOMEOWNERS BENEFIT

    (Note, .gov is currently talking with justices to see if the fact that you pay property taxes in fact means you do not truly own your home, so that we can interpret the 4th Amendment as not applying to homeowners either.)

  55. Ehm by Anonymous Coward · · Score: 0

    Why hasn't the NSA droned you yet? Haven't they realized you do them more damage as a failed sock puppet than their harshest critics could ever do?

    Happy New Year.

  56. Yeah? by Anonymous Coward · · Score: 0

    Are you saying a bullet wouldn't work?

    Someone might have to test that soon.

    Enjoy yourself.