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Why No Executive Order To Stop NSA Metadata Collection?

An anonymous reader links to this editorial at Ars Technica which argues that "As chief executive, Obama has the power to reform the NSA on his own with the stroke of a pen. By not putting this initiative into an executive order, he punted to Congress on an issue that affects the civil liberties of most anybody who picks up a phone. Every day Congress waits on the issue is another day Americans' calling records are being collected by the government without suspicion that any crime was committed. 'He does not need congressional approval for this,' said Mark Jaycoxx, an Electronic Frontier Foundation staff attorney."

53 of 312 comments (clear)

  1. Is it not obvious? They have dirt on him! by gweihir · · Score: 5, Funny

    Or they can manufacture it and have demonstrated it to him.

    --
    Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    1. Re:Is it not obvious? They have dirt on him! by Greyfox · · Score: 5, Insightful

      Or maybe he just doesn't want it to stop.

      --

      I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

    2. Re:Is it not obvious? They have dirt on him! by gweihir · · Score: 3, Funny

      Well, I have some residual trust in the good in people. Maybe I am wrong there.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    3. Re:Is it not obvious? They have dirt on him! by CrimsonAvenger · · Score: 5, Insightful
      NO, you're making the assumption that because he's on your side on some things, he's on your side on everything.

      Alas, there's not much evidence of that.

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
    4. Re:Is it not obvious? They have dirt on him! by MaskedSlacker · · Score: 5, Insightful

      No, you're just easily duped. Obama is, like Bush, a statist who supports the government's "right" to imprison, torture, and kill whoever they want for whatever reason they decide.

    5. Re:Is it not obvious? They have dirt on him! by ganjadude · · Score: 2, Insightful

      if you can still have any trust in obama you are wrong here my friend. He has proven time and time again that he is full of shit and every move he makes is political in nature.

      --
      have you seen my sig? there are many others like it but none that are the same
    6. Re:Is it not obvious? They have dirt on him! by Smallpond · · Score: 2

      As I recall, when Obama was in the Senate he voted in favor of the Patriot Act extension and warrantless wiretaps. I don't know what you are basing your trust on.

    7. Re:Is it not obvious? They have dirt on him! by ShanghaiBill · · Score: 4, Insightful

      What motivation does Obama have to stop this? His liberal base doesn't seem to care. It actually helps him in the center, where many people value security over privacy. The only organized political opposition is from the Paulite faction of the Republican Party, that is not going to support him, no matter what. So he has nothing to gain by changing the status quo.

    8. Re:Is it not obvious? They have dirt on him! by MobSwatter · · Score: 2

      You're absolutely right, we should file a motion to rename the dollar to the fiat, and the united states to house of corporate spam, and repaint the white house to a more appropriate Halloween theme...

    9. Re:Is it not obvious? They have dirt on him! by therealkevinkretz · · Score: 3, Informative

      Actually, the *are* recording a lot of phone calls. That's just a different program Snowden released info about - and there have been dozens of them.

      And "just metadata" allows them to track your location, see who you speak to, and much more:

      http://www.washingtonsblog.com...

    10. Re:Is it not obvious? They have dirt on him! by therealkevinkretz · · Score: 4, Insightful

      "Doing stuff for a friend" is friendly and altruistic when I *choose* to do it. When something's forcibly confiscated from me to be given to a stranger, it's not me "doing stuff", it's not for a "friend" and it's certainly not altruistic. It's also not altruistic to vote for a bill that does that, or to vote for the guy who votes for that bill.

    11. Re:Is it not obvious? They have dirt on him! by labnet · · Score: 4, Insightful

      I've read his autobiography. He is a political nobody, with no family of note, who was an average community organiser in Chicago, who happens to have brilliant oratory skills. That means he is bankrolled by someone very powerful, and thus will do what he is told.

      --
      46137
    12. Re:Is it not obvious? They have dirt on him! by tmosley · · Score: 3, Funny

      What planet do you hail from where anyone trusts the goodness of ANY politician?

      Oh, you actually fell for the "Obama the Savior" bullshit?

      Did you know that the word gullible doesn't appear in the dictionary?

    13. Re:Is it not obvious? They have dirt on him! by Bartles · · Score: 4, Insightful

      You know what else? In 2011 Barack Obama signed the Patriot Act Extension into law. And most of the yahoos here still voted for him.

    14. Re:Is it not obvious? They have dirt on him! by whoever57 · · Score: 4, Insightful

      I don't call people on watch lists, I don't call any known criminals

      Ever ordered a pizza over the phone? Then you may have called a number that is associated with terrorists (who also happen to like pizza).

      Perhaps you don't care about your phone calls and emails being intercepted. Probably, I don't really care about mine, but I do care about interception of the communications of my elected representatives and their staff, and so should you.

      --
      The real "Libtards" are the Libertarians!
    15. Re:Is it not obvious? They have dirt on him! by Anonymous Coward · · Score: 3, Insightful

      I don't call people on watch lists, I don't call any known criminals, and if they want to see that I called my dentist or my mom last week, yay for them. That's all they will find.

      Actually, turns out your dentist donated money to a charity that was found to be funneling money to 'terrorist' Muslim organizations (one that feeds Muslim children made homeless/parentless by a drone strike or something, y'know, 'terrorist' actitivies), and by being one of his dental customers you have been indirectly implicated in his terrorist activities. Oh, yeah, that and to that friend of your mom that illegally downloads music... damn, you have so many terrorist/criminal ties, they might as well just get that cell ready in Guantanimo for you now!

      Turns out, when you don't stand up for your rights and let them slowly be eroded because 'it doesn't apply to you' or 'you aren't doing anything wrong', eventually every government in history has used this as justification for even more and more power, until you *are* doing something 'wrong' according to some 'law' they've passed, and they can jail anyone they feel like it.

    16. Re:Is it not obvious? They have dirt on him! by whoever57 · · Score: 3, Insightful

      If you concerned about you pizza ordering habits being of interest you need professional help. Further more may I remind you that the pizza delivering service has no reason or duty to keep pizza orders confidential.

      Well done at both keeping ignorant of current events and misreading my post.

      The point is that, if you call a pizza place that is also called by a "terror suspect", you become connected to the suspect and all your communications (not just the pizza orders) are more likely to be monitored.

      I notice that you ignored the very important point that we should all be concerned about monitoring of the communications of politicians and their staff.

      You should not post as anonymous coward, more like anonymous idiot, or is it anonymous shill (it is not be beyond the realm of the possible that the intelligence community are posting in /. trying to influence opinions).

      --
      The real "Libtards" are the Libertarians!
    17. Re:Is it not obvious? They have dirt on him! by MightyYar · · Score: 3, Insightful

      It's not that his liberal base doesn't care. It's that they can't really say anything or their anger will be used to help the Republicans. It's one of the side effects of a two-party system. A politician (especially one in power) has to SERIOUSLY screw up to hear it from their own party. This is what makes establishment Republicans so uneasy about the Tea Party.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    18. Re:Is it not obvious? They have dirt on him! by MightyYar · · Score: 2

      I'm not sure being [insert political ideology] is a choice. It's not like you can simply will yourself to take a different worldview.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    19. Re:Is it not obvious? They have dirt on him! by GuitarNeophyte · · Score: 3, Insightful

      Without going into whether I agree with what you say, it seems to me that whenever people say "Most people...", it is typically to say that most people have opinnions that are close to the speaker's opinnions, even when most people are not really like that at all.

      However, most people spend most of their time with people who think relatively similar to themselves, adding to their own thoughts that "most people" are like them. I'd say that "most people" (and I admit, I fall into the exact same bias that I mentioned before) just want to be left alone to do whatever they want to do. Sure, people like government to do this or that (police, roads, teach kids and stuff), but by in large, I think people just want left alone. I've been doing some travelling to some various cultures, and noticing how, as much as people are different, we're all pretty much the same. People just want to do their thing and not have to be bothered.

    20. Re:Is it not obvious? They have dirt on him! by Curunir_wolf · · Score: 3, Interesting

      The part I agree with is that I personally am not concerned whatsoever with the metadata. At all. And the only reason you see most of the media coverage is because folks don't understand what metadata is. If you polled the public right now you would largely find them believing the government is secretly recording and archiving all of our actual phone calls. They aren't.

      Sorry, but metadata is all that is needed to invade privacy, and they're collecting it on everyone. It's not okay, okay?

      --
      "Somebody has to do something. It's just incredibly pathetic it has to be us."
      --- Jerry Garcia
    21. Re:Is it not obvious? They have dirt on him! by MadMartigan2001 · · Score: 3, Insightful

      I don't call people on watch lists, I don't call any known criminals

      How you would know? Do you have a copy of the watch list or known criminals? Are those lists published? Being distrustful of government is not "groupthink". It's called paying attention to history.

  2. Why would he? by Anonymous Coward · · Score: 5, Insightful

    Obama is part of the system that created the problem in the first place.

  3. The author is nauseatingly naive by bazmail · · Score: 5, Insightful

    He's still got Obama's election slogans ringing in his ears "Yes we can!" and "Change!!" lol. Obama is a political animal, just like all the others in DC. Do not expect anything different from him. As another commenter pointed out, he is part of the system that created and supports the military surveillance complex.

  4. Actually I think its most likely this... by sasparillascott · · Score: 5, Insightful

    There is serious political downside to doing this.

    Consider for example what would have happened had he walked back all these subversions to our liberties 6 months before the Boston Bombing and then what would have happened in the political sphere thereafter. In the end Obama is not a courageous leader who does what is right because its right - he's a very cautious politician and makes decisions that seem to reflect just that. His administration has made "cover all the bases" types of political decisions from the beginning...unfortunately right after what happened to our civil liberties after the previous administration that is not what we, as a country, probably needed (and he campaigned as if he was something else). Is it possible they have dirt on him, possibly, but I think the political danger angle is the more likely and is also why this will have to be forced on by congress (and Republicans in particular as they would be the one's to pounce him were anything to happen after a rollback). This is also why its going to be very hard for these things to be rolled back.

    1. Re:Actually I think its most likely this... by ganjadude · · Score: 4, Funny

      they know where his birth certificate is lol

      --
      have you seen my sig? there are many others like it but none that are the same
  5. Hope and change... by fhic · · Score: 4, Insightful

    Once again, this isn't it.

    He's had several opportunities to do something about this. He keeps making weaselly attempts to talk about it like he's doing something without actually making any changes. It seems obvious to me that he wants this to continue, much like his equally weasel-ish approach to medical cannabis. And this way, he can blame it on a do-nothing Congress, thus giving his potential successor a talking point.

  6. So in 2007 Obama... by Nova+Express · · Score: 4, Insightful

    ...was every bit against domestic spying as he was against gay marriage.

    Maybe he should have said "If you like your civil liberties, you can keep your civil liberties."

    --
    Lawrence Person (lawrencepersonh@gmailh.com (remove all "h"s to mail)

    http://www.lawrenceperson.com/

    1. Re:So in 2007 Obama... by phantomfive · · Score: 5, Informative

      He voted for telecom immunity in 2007. If anyone thought he was against spying when you voted for him, it's because they weren't paying attention (or maybe because they were deceiving themselves?)

      --
      "First they came for the slanderers and i said nothing."
    2. Re:So in 2007 Obama... by ganjadude · · Score: 4, Insightful

      or they were blinded by the fact that they were voting for a black president, instead of doing some (any) research on the actual man, if they did they would have seen that he was nothing more than a political hack

      --
      have you seen my sig? there are many others like it but none that are the same
    3. Re:So in 2007 Obama... by phantomfive · · Score: 4, Insightful

      Saying there is no 'good' candidate is not an excuse for idolizing your own candidate. If you were blinded into thinking Obama would oppose warrentless wiretapping, you were still blinded.

      --
      "First they came for the slanderers and i said nothing."
    4. Re:So in 2007 Obama... by lonOtter · · Score: 2

      No, I don't. I didn't vote for Romney *or* Obama. There are other options, even in a two party system. If you vote for the 'lesser' of two evils, you're still voting for an evil scumbag, which is immoral. I'd rather vote for someone I actually like, even if it has zero effect on anything (but it doesn't, because it can send a message to other parties; or cause third parties to adopt policies that the two main parties were ignoring, which gets them more votes, which then sends a message to the two scumbag parties.). Maybe not very efficient, but better than voting for evil.

      --
      [End Of Line]
  7. Re:No Law by HornWumpus · · Score: 2

    Executive orders can only live in grey area of no direct law. They are constitutionally questionable in the first place, but they absolutely cannot be used when there is actual law in place. The law takes precedence.

    Of course Obama has pushed EOs further then any of his predecessors. He has directly modified obamacare without any legal basis. Gonna suck for the Ds when the shoe is on the other foot.

    --
    John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
  8. Re:Maybe he's FOS? by Mr+D+from+63 · · Score: 4, Funny

    He's on it. Its next on his list. Right after he closes Gitmo, creates transparency, reduces the income gap, and fixes heath care (again and again), all while making the world love us again.

  9. Politics by ZeroSerenity · · Score: 3, Insightful

    He wants Republicans to vote no on such a change so it can make them look bad. If he just did it by EO it would make him look bad in eyes of Republicans for abusing Executive power.

    --
    For those who seek perfection there can be no rest on this side of the grave.
  10. Re:reversed "with the stroke of a pen" by MaskedSlacker · · Score: 4, Insightful

    Bullshit. These are his programs. He wants them to continue.

  11. He doesn't want to. by Chris+Mattern · · Score: 4, Informative

    Hasn't anybody listened to the man's statements on the subject? He thinks the NSA metadata collection is just peachy keen. It just hasn't been "explained properly" to the public.

  12. Obama leads from behind by FridayBob · · Score: 4, Insightful

    This is typical of our current President. If pressed on the issue, he might say that he would "prefer" the NSA not to collect phone records on all Americans, but that so far the opponents of the system just haven't been vocal enough about it for him to take any action on the subject. "Hey, Mr. President, where's all that _change_ you promised us?" I'm sure he would prefer to to do all those things, except that his donors would not be too happy about that.

    To think that I voted for this guy... twice. Not that the alternatives were any better, but sometimes I wonder if this administration really is any better than the previous one. And I seriously doubt the next one will be any better. Why? Because today the donors are the ones who are actually running the country (with the recent McCutcheon v. Federal Election Commission ruling only adding insult to injury). The only solution I can think of is to attack this evil at its source by getting money out of politics.

  13. Re by srichard25 · · Score: 5, Insightful

    I am constantly amazed at how naive the average American voter is. Obama was a guy who could give a good speech, but he had ZERO leadership accomplishments to his name. The most basic research into Obama's background should have given anyone pause that he could actually accomplish any of what he promised. He was a Senator, but couldn't point to a single legislative accomplishment. He was in the state senate, but had a record of just voting present on key bills and had no major bills to his name. He was a community organizer, but once again couldn't point to any significant accomplishments. He claims to be a legal scholar, but locked his school records.

    For those of you who voted for Obama and are currently disappointed, I have a suggestion for you: next time do some background research on the person instead of just relying on campaign speeches and 30-second ads.

    1. Re:Re by CrimsonAvenger · · Score: 4, Interesting

      He was a Senator, but couldn't point to a single legislative accomplishment. He was in the state senate, but had a record of just voting present on key bills and had no major bills to his name. He was a community organizer, but once again couldn't point to any significant accomplishments. He claims to be a legal scholar, but locked his school records.

      He seems to have worked on the assumption that it was better to have no failures for which he could be blamed, rather than aiming for successes for which he could get credit.

      In some people's minds, lack of failure is a surer measure of success, than attempting success (and possibly failing, thereby).

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
    2. Re:Re by Undead+Waffle · · Score: 2

      Presidents these days are mostly elected for their charisma. You have to look at who a candidate associates with to get an idea of what they are actually going to do. For example, Obama putting 5 RIAA lawyers in the DOJ then pushing for things like ACTA. It's usually the advisors that come up with the ideas, so analyze who is advising them. This is probably why the NSA stuff has been consistent between Bush and Obama.

      As for the lack of accomplishments that's another plus in an election. Voters tend to react more strongly to the negative stuff and people sometimes make mistakes or do things you might not agree with. A ghost is more electable.

  14. Re:No Law by schwit1 · · Score: 3, Informative

    The facts do not support your statement There are dates in the Obamacare law that the president has unilaterally changed:
    http://dailycaller.com/2014/03...

  15. Because no matter what Obama says by exabrial · · Score: 4, Insightful

    It was a program he approved and sponsored no matter what ignorance he claims. We need to hold him accountable, but unfortunately, there is an unhealthy celebrity love affair with this president that he is using to cover the usual dirt that comes with this office.

  16. Bush started warrantless NSA spying by globaljustin · · Score: 2

    Bush started the NSA warrantless wiretapping program...and the metadata program...Ron Wyden exposed it by talking about it openly in Senate speeches....Obama ended many of the programs Bush started

    Bush started the NSA warrantless wiretapping/spying program

    that's why I "blame" him for it

    here's the evidence: http://yahoo.usatoday.com/news... from **2006**

    "NSA Has Massive Database of American's Phone Calls"

    Last year, Bush said he had authorized the NSA to eavesdrop — without warrants — on international calls and international e-mails of people suspected of having links to terrorists when one party to the communication is in the USA. Warrants have also not been used in the NSA's efforts to create a national call database.

    --
    Thank you Dave Raggett
  17. Elite fear political awakening... by blahplusplus · · Score: 3, Informative

    ... this is why obama is not on your side:

    https://www.youtube.com/watch?...

  18. Re:Bush started warrantless wiretapping by Bartles · · Score: 4, Informative

    They became his programs the moment he assumed office. He is the embodiment of the executive branch, and all of its power is vested in him. Congratulations, you seem to have weaned yourself off of asterisks.

  19. He can't stop it, none of them can by UrsaMajor987 · · Score: 3, Informative

    None of the politicians can really stop this surveillance state. If some politician had the courage to stop it and then some terrorist incident, however minor, were to happen, the opposing party would absolutely crucify him. They all know this. This is why both parties are behaving in the same way. Something really scary happened on 9/11. The politicians promised security in exchange for freedom and people happily agreed. Nothing new there at all. The difference was that this time around, computer technology allowed the creation of a perfect police state. All police states in the past have had a fundamental problem; a society can support only so many secret policemen. Not enough secret policemen to create the perfect police state. With computer technology, that limit is erased. I am afraid this is going to become quite dystopian.

  20. His liberal case cares very much by SuperKendall · · Score: 4, Insightful

    What motivation does Obama have to stop this? His liberal base doesn't seem to care.

    They do - when Democrats are not in office.

    Which is why you should not vote Democrats into office, because everyone assumes they are doing as they should instead of checking.

    Any other party will do, the Democrats have just become too entrenched and too powerful (as they control Hollywood and the media, or at least most of those organizations will look the other way for many offenses in the case of Democrats).

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  21. If he did everyone would scream how he made us by ralphaostrander · · Score: 2

    not safe.

  22. Re:reversed "with the stroke of a pen" by MaskedSlacker · · Score: 2

    Given how wrong you are, your sig is quite apropos.

    Several of these programs date to after 2008. The rest Obama would have definitely been briefed on. Congress may not have known, but if you think he didn't you are pulling the wool over your own eyes. Just because you were in the dark doesn't mean he was. Notice how he has never claimed to not have known about what the NSA was doing? He knew because he authorized it. All of it.

    These are his programs. Believing anything else is willful self-deception. It might help your cognitive dissonance, but it is ruining the country.

  23. Comment removed by account_deleted · · Score: 2

    Comment removed based on user account deletion

  24. This is risible! by Burz · · Score: 2

    Sites like Salon and The Guardian broke the Snowden story, and they keep running with it. There is a very long list of left-leaning sites that keep the issue highly visible, including HuffPo, DKos, Raw Story, TruthOut, DemocracyNow! and I dare even list Ars Technica in that group. Yes, there are Obama-worshippers who try to paint anti-NSA info and sentiment as fifth-column betrayal, but overall if you sample the comments in places like DKos and DU, you'll see some skirmishes over the issue of party loyalty (and accusations of racism) with the anti-NSA crowd handily coming out on top.

    As for the lack of protest, lets just say the story was still developing in the fall and its been one heck of a winter.

  25. Re:heh.. by mrchaotica · · Score: 2

    OK, I'll bite. WHICH drone strikes killed US citizens on US soil again?

    "On US soil" was neither claimed by the grandparent, nor is it a necessary condition for qualifying the drone strikes as misuse.

    WHICH clause in the Constitution says the Fourth Amendment only applies on US soil, you totalitarian asshole?!

    --

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