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EFF: US Gov't Bid To Alter Court Record in Jewel v. NSA

The EFF is only today able to release details of an attempt by the government to alter the historical record in the case brought by the EFF against the NSA in Jewel v. NSA. "On June 6, the court held a long hearing in Jewel in a crowded, open courtroom, widely covered by the press. We were even on the local TV news on two stations. At the end, the Judge ordered both sides to request a transcript since he ordered us to do additional briefing. But when it was over, the government secretly, and surprisingly sought permission to "remove" classified information from the transcript, and even indicated that it wanted to do so secretly, so the public could never even know that they had done so." As you'd expect of the EFF, they fought back with vigorous objections, and in the end the government did not get its way, instead deciding that it hadn't given away any classified information after all. "The transcript of a court proceeding is the historical record of that event, what will exist and inform the public long after the persons involved are gone. The government's attempt to change this history was unprecedented. We could find no example of where a court had granted such a remedy or even where such a request had been made. This was another example of the government's attempt to shroud in secrecy both its own actions, as well as the challenges to those actions. We are pleased that the record of this attempt is now public. But should the situation recur, we will fight it as hard as we did this time."

20 of 78 comments (clear)

  1. Duh! by frovingslosh · · Score: 5, Insightful

    We could find no example of where a court had granted such a remedy or even where such a request had been made.

    Well, duh! Normally our rewriting of history is effective enough that you will not find such records.

    --
    I'm an American. I love this country and the freedoms that we used to have.
    1. Re:Duh! by postbigbang · · Score: 4, Interesting

      A good judge would take action against the prosecutors for any number of varying reasons, and the one that I would pick would be: vexation.

      --
      ---- Teach Peace. It's Cheaper Than War.
    2. Re:Duh! by dunkindave · · Score: 2

      While I disagree with what the government tried to do here, if they did get such a change performed, I would expect that its existence is also not publicized, so the EFF not knowing that it has happened is far from proof that it hasn't.

      Also, I take exception with the EFF's line "The government's attempt to change this history was unprecedented." The government attempted to censor part of the record, i.e. remove it from the transcript. The way the EFF phrased it makes it sound like they were trying to substitute what was said with things that were not said, which isn't the case (as far as I know, I am a Slashdot reader so haven't read the actual story).

    3. Re:Duh! by Anonymous Coward · · Score: 2, Insightful

      He did not look very far. It has happened at Gitmo.

      I thought the point of Gitmo was to not even go to court, so there are no court transcripts / records to change.

    4. Re:Duh! by Mostly+a+lurker · · Score: 2

      Considering the request to rewrite the record also required the falsification to be secret, how would we know how many times this has been done in the past. We only know that this is the first time such a request has been rejected. I personally suspect it might only have been rejected because of the large number of witnesses of the original hearing.

    5. Re:Duh! by Anonymous Coward · · Score: 3, Insightful

      How about contempt of court? I mean, it's pretty contemptuous of the Executive Branch to be demanding a subversion of the Justice Branch.

  2. 1984 by Bodhammer · · Score: 5, Insightful

    And if all others accepted the lie which the Party imposed – if all records told the same tale – then the lie passed into history and became truth. "Who controls the past," ran the Party slogan, "controls the future: who controls the present controls the past." And yet the past, though of its nature alterable, never had been altered. Whatever was true now was true from everlasting to everlasting. It was quite simple. All that was needed was an unending series of victories over your own memory. "Reality control," they called it: in Newspeak, "doublethink."

    1984 - George Orwell

    --
    "I say we take off, nuke the site from orbit. It's the only way to be sure."
    1. Re:1984 by Anonymous Coward · · Score: 3, Interesting

      That would of course hint that before you get to 1984 that Fahrenheit 451 will be required. After all, digital documents served on demand are much more believeable if those pesky paper documents, with potentially contrary evidence aren't stored somewhere.

      We are at war with ($1) we have always been at war with ($1).

      Now you know more about why the government is so eager to help copyright move to just allowing the public a short term lease when they make a purchase. Watch it become a requirement where your computer has to make sure that every document you open is currently licensed for your use before opening though it may need updating before you can open it.

      Political Correctness
      Scientific Correctness
      ETC?

  3. Put your money where your mouth is by Anonymous Coward · · Score: 5, Insightful

    Contribute to EFF - they get results!

    https://supporters.eff.org/donate

  4. No precedent? by timeOday · · Score: 4, Informative
  5. Doublethink by infolation · · Score: 2

    As with the other Ministries in the novel, the Ministry of Truth is a misnomer and in reality serves the opposite of its purported namesake: it is responsible for any necessary falsification of historical events. In another sense, and in keeping with the concept of doublethink, the ministry is aptly named, in that it creates/manufactures "truth" in the Newspeak sense of the word. The book describes a willful fooling of posterity using doctored historical archives to show a government-approved version of events.

    Am I living in the real world, or a book?

  6. Gone down the tubes. by dccase · · Score: 2

    Back when America was a great country no witnesses would have survived to testify.

  7. One way mirror by dcollins117 · · Score: 4, Insightful

    The end game of NSA is a perfect one-way mirror: They have all information about your activities, and you have zero information about their activities.

    Note that this is the opposite of what the American public needs to make an informed decision during elections.

    1. Re:One way mirror by dryeo · · Score: 2

      No government wants an informed public, especially during elections.

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
    2. Re:One way mirror by l0ungeb0y · · Score: 3, Insightful

      If you believe that elections actually matter at all, I am sorry to inform you that you are seriously deluded. Corporations write the laws, Corporations have their lobbyists give the law to their pet Congressman, Congressman gets kickbacks and hot insider trading tips. You, the "pleeb taxpayer" get fucked in the ass. It doesn't matter who you vote for, blue or red, it's all just a shell game for the people with the real power.

  8. I don't get it... by mythosaz · · Score: 2

    I read...
    https://www.eff.org/deeplinks/... ...and it reads to me like.

    USG apparently says something in open court they shouldn't have said.
    USG makes an overly broad request to remove all record of the event.
    Judge shares that info.
    Defense argues that, at best, it should be redacted.
    Judge seems to agree, asks for details.
    USG says, "Meh, I guess it's OK."
    Everyone goes home happy.

    Meh.

  9. Positive news by Mister+Liberty · · Score: 2

    The NSA is not above the local law. Now ask yourself, who's running the country really, nut cases
    like the Clap and the Xander and their cheerleaders, or you, the one carrying the vote and the pitchfork.

    1. Re:Positive news by DoofusOfDeath · · Score: 2

      The NSA is not above the local law.

      That's like saying sex doesn't make babies because there was that one time in college where you did it without a condom and she didn't get pregnant.

  10. Re:POTUS Obama's hand is in the cookie jar...Again by Smallpond · · Score: 4, Interesting

    My favorite example of government overreach was:

    "The danger to political dissent is acute where the Government attempts to act under so vague a concept as the power to protect 'domestic security.' Given the difficulty of defining the domestic security interest, the danger of abuse in acting to protect that interest becomes apparent."
        -- Redacted from a US Supreme Court document by the Ashcroft
              Justice Department in the name of national security.

  11. Who is "the government" ? by Anonymous Coward · · Score: 2, Insightful

    Which party or parties are being referred to by this article when it says "The Court allowed the government a first look at the transcript..." and "...the government wrote a letter..." et cetera. Was it "The Government" or the director of the NSA? Was it "The Government" or The President of the United States of America? Was it "The Government" or someone from the DoD. Was it Congress? The Senate? We the people?