Slashdot Mirror
The Executive Order That Redefines Data Collection
sandbagger writes: " ...it is often the case that one can be led astray by relying on the generic or commonly understood definition of a particular word." That quote apparently applies to words offering constitutional protections against unreasonable search and seizure. TechDirt looks at the redefinition of the term "collection" as redefined by Executive Order 12333 to allow basically every information dragnet, provided no-one looks at it. "Collection" is now defined as "collection plus action." According to this document, it still isn't collected, even if it has been gathered, packaged and sent to a "supervisory authority." No collection happens until examination. It's Schrodinger's data, neither collected nor uncollected until the "box" has been opened. This leads to the question of aging off collected data/communications: if certain (non) collections haven't been examined at the end of the 5-year storage limit, are they allowed to be retained simply because they haven't officially been collected yet? Does the timer start when the "box" is opened or when the "box" is filled?
So if I download lots of copyrighted music and films, but never listen to them -- then I'm apparently okay right?
------ The best brain training is now totally free : )
The recursive expansion will keep it tied up in court forever.
Sheesh, evil *and* a jerk. -- Jade
>This leads to the question of aging off collected data/communications: if certain (non) collections haven't been examined at the end of the 5-year storage limit, are they allowed to be retained simply because they haven't officially been collected yet? Does the timer start when the "box" is opened or when the "box" is filled?
Doesn't matter, US Govt. will do as it pleases regardless of perceived or actual legality.
I really feel for the poor Americans. What a totalitarian nightmare America has become, with its clapped out economy, militaristic police, authoritarian military/commercial state with effective single party governance, its huge prison population, its high murder rate, and the presence of personal armaments everywhere, simmering racial tensions, lack of personal rights and freedoms, a state that kidnaps and tortures people.
Couple that with extreme military spending, severe paranoia, and a 'national security' doctrine that comes straight from the nazi playbook, making explicit that America will bomb and murder whoever it wants, as long as it is in 'American national interests', and you have the worst kind of rogue state of all.
The conditions look ripe for instability, and chaos.
Convenient, isn't it?
Well this is moot since they ARE examined. They are run against a query for a subset of data which excludes that data from the subset. Sure the result of the query doesn't return your data, but it returns the fact that your data didn't match the query!
e.g. Terrorist is defined someone who reads 4chan AND sites ending .PK. Your data is searched, you don't match, so you don't come up in the results set, but nevertheless your data was searched for the negative.
The data clearly *is* collected, an executive order from 1981 when the data could *not* be collected in a searchable form back in 1981 clearly does not apply to data collected in searchable form today!
Lawyers pretending words mean other things, is a lawyers trick that has to be constantly pushed back against.
Can't change the law, or don't want to? Just redefine the words.
In the introductory class on law I took ages ago, they already told us that "one can be led astray by relying on the generic or commonly understood definition of a particular word.", and advised to always examine the meaning of words like "accused", "summons", etc, as they have a specific legal definition that often differs from the commonly understood meaning. Now I know why...
If construction was anything like programming, an incorrectly fitted lock would bring down the entire building...
Seems there was a purpose in letting public education degenerate into nothing more than obedience conditioning.
-jcr
The only title of honor that a tyrant can grant is "Enemy of the State."
Yes, why? Did you ever have any doubt?
“He’s not deformed, he’s just drunk!”
The voters don't give a damn. The TV still works, what's the big deal?
“He’s not deformed, he’s just drunk!”
No election has happened until the president has acted like a statesman. Obama's terms have not yet started.
I really feel for the poor Americans.
So do I, they seem to have completely forgotten their old drive for capitalism. Here they are storing everyone's personal phone calls, electronic documents, photos etc. and nobody in the US government has thought of marketing this as the ultimate solution to everyone's backup problem.
"Does the timer start when the "box" is opened or when the "box" is filled?"
Neither. The timer simply determines how long the government has to ship the data off to a non-US jurisdiction then deny that they ever collected it.
Never in my life have I read a "collection" of words that more succinctly summarized the level of corruption within our government than in the summary we've read here.
I don't even know why it ended in a question when the answer will be whatever the fuck they want it will be. They've mad that abundantly clear with the manipulation of wordplay to dismantle every Right you read about in the "collection" of books we use to educate our youth.
Want to ban more books in school? Might as well start with the US Constitution. You'll find it accurately filed under fictional humor because it's a joke.
It is funny to call it "redefining Data Collection" but it actually is fucking the constitution up the ass. So will it hold up in court ? Looks like a nice EFF project.
Er, which court would you be referring to that won't uphold an unconstitutional law?
The unconstitutional FISA court perhaps? Maybe we should ask them for a transcr...er, oh. Nevermind.
(This ain't the first time our Rights have been raped in the ass.)
On December 4, 1981 President Ronald Reagan signed Executive Order 12333, an Executive Order intended to extend powers and responsibilities of US intelligence agencies and direct the leaders of U.S. federal agencies to co-operate fully with CIA requests for information.[1] This executive order was entitled United States Intelligence Activities. It was amended by Executive Order 13355: Strengthened Management of the Intelligence Community, on August 27, 2004. On July 30, 2008, President George W. Bush issued Executive Order 13470[2] amending Executive Order 12333 to strengthen the role of the DNI.[3][4]
- From WIkipedia
Thanks Obama
Silence is a state of mime.
... The 4th amendment prohibits unreasonable searches AND SEIZURES. Regardless of the attempt to redefine "collection", the gathering remains a seizure of the data and is just as legally invalid.
I can't help but to hear Inigo Montoya's voice saying "You keep using that word, I do not think it means what you think it means".
George Orwell got it right. When you're free to redifine what words mean, you can justify and get away with anything.
"But it was all right, everything was all right, the struggle was finished. He had won the victory over himself. He loved Big Brother."
the term "collection" as redefined by Executive Order 12333 to allow basically every information dragnet, provided no-one looks at it. "Collection" is now defined as "collection plus action." ... This leads to the question of aging off collected data/communications:
No it does not. Do not go gentle into that good night. There is no reason whatsoever for us to accept the giant leap into unconstitutional territory and debate the fine points left to us, settling for scraps of liberty from dictators who have derived no just power from the consent of the governed. Rage against this machine until you die or it does.
Stop-Prism.org: Opt Out of Surveillance
Abuse of words has been the great instrument of sophistry and chicanery, of party, faction, and division of society.
- John Adams
In reality the Feds have overwhelmed every constitutional principle that they've found irritating, and the armed uprising has never happened. But it's a nice fantasy that keeps a few people quiet - because they KNOW they can do something about it when... at which point they will just be mown down in a hail of bullets.
Que the "See Reagan did this, so Obama is still my hope and change." BS.
...and "Bush was so much worse."
While we're bickering about "my team" vs "your team", the constitution erodes further....
www.facebook.com/DareDefendOurRights
www.fairtax.org
Then, as a square, I will not vote for Joe Biden!
First they came for the Triangles, and I did not speak out—
Because I was not a Triangle.
Then they came for the Hexagons, and I did not speak out—
Because I was not a Hexagons.
Then they came for the Conic Sections, and I did not speak out—
Because I was not a Conic Section.
Then they came for me—and there was no one left to speak for me.
Americans accept this when it comes to terms like "speech" or "arms" all the time. Rather than change a law or amend the constitution, we just accept subtle redefinitions of terms. We don't want people to own own nuclear weapons, even though we have the right to bear arms. So we redefined "arms" to not include certain kinds of bombs. Similarly, the first amendment protects speech, so we redefined "speech" so it does not include shouting "fire" in a crowded theater.
Unfortunately, this is a dangerous solution because it delegates the power to change the constitution to the very institution who is bound by it.
thanks, I needed a good laugh
have you seen my sig? there are many others like it but none that are the same
... For the Executive order redefining PI as 3.2.
Troll is not a replacement for I disagree.
Do I need to say any more? Who do you think runs your Congress?
The banks, energy companies and weapons makers. But most of them are not Jewish, sorry.
"What the American public doesn't know is what makes them the American public." -Ray Zalinsky (Tommy Boy)
Executive orders are issued by the president; our current "constitutional expert" in the White House could change this any time he wants to with the stroke of a pen, like he promised during his campaign. The fact that these policies remain in place is solely the responsibility of the president.
Storage is now cheaper than sorting. Thats why the "all the phone records into a lockbox" over the life of a user is now the storage baseline. From that a gov can build hops as communication adds up over a life time.
Domestic spying is now "Benign Information Gathering"
The Fourth Amendment is clear on traditional, reasonable safeguards for 100% of the cases.
Bulk collection is not legal and permits things that would not be legal.
Domestic spying is now "Benign Information Gathering"
now we just need to watch out for the horologists.
rand paul revolution!
Biden's middle name: SKXAWNG as in: Joseph Skxawng Biden
Dear Microlimp: I give you 2 valid product keys for win7 and you reject both of them. Piss off you wankers!!!