Slashdot Mirror


US Government Has 'No Right To Rummage' Through Anti-Trump Protest Website Logs, Says Judge (theregister.co.uk)

A Washington D.C. judge has told the U.S. Department of Justice it "does not have the right to rummage" through the files of an anti-Trump protest website -- and has ordered the dot-org site's hosting company to protect the identities of its users. The Register reports: Chief Judge Robert E. Morin issued the revised order [PDF] Tuesday following a high-profile back and forth between the site's hosting biz DreamHost and prosecutors over what details Uncle Sam was entitled to with respect to the disruptj20.org website. "As previously observed, courts around the country have acknowledged that, in searches for electronically stored information, evidence of criminal activity will likely be intermingled with communications and other records not within the scope of the search warrant," he noted in his ruling. "Because of the potential breadth of the government's review in this case, the warrant in its execution may implicate otherwise innocuous and constitutionally protected activity. As the Court has previously stated, while the government has the right to execute its Warrant, it does not have the right to rummage through the information contained on DreamHost's website and discover the identity of, or access communications by, individuals not participating in alleged criminal activity, particularly those persons who were engaging in protected First Amendment activities." The order then lists a series of protocols designed to protect netizens "to comply with First Amendment and Fourth Amendment considerations, and to prevent the government from obtaining any identifying information of innocent persons."

133 of 277 comments (clear)

  1. Log Files by currently_awake · · Score: 1, Insightful

    If the website actually cared about privacy, they wouldn't have logged everything.

    1. Re: Log Files by x0ra · · Score: 2

      well, intrusion detection comes to mind. So, yes, "Logging === security".

    2. Re: Log Files by ewanm89 · · Score: 2

      1) There are good technical reasons to log everything from debugging to intrusion detection.
      2) The warrant wasn't for logs from the website owners but for connection logs from the server host provider.

    3. Re: Log Files by sexconker · · Score: 1

      logging : security :: pregnancy tests : contraception

    4. Re: Log Files by sexconker · · Score: 1

      Bullshit. Why else would and organization spend millions on a UTM & SaaS licensing to protect against APTs?

    5. Re: Log Files by Zero__Kelvin · · Score: 1

      Exactly how does that change anything, and also the whole point. The provider doesn't want to get hacked. If they do they want to be able to do a post mortem. If they hack the website they by definition hack the provider, and the website as an attack vector for privilege escalation. I love how I was modded down and you were nodded up. Welcome to Slashdot - Millennial Edition, where facts are bad if they don't feel good.

      --
      Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
    6. Re:Log Files by dywolf · · Score: 1

      and while we're at it lets talk about the lizard nazis beneath antarctica and other bullshit.

      --
      The guy who said the election was rigged won the presidency with the second-most votes.
    7. Re: Log Files by dywolf · · Score: 1

      SJWs: people who fight for civil rights and equality, things that conservatives are some how opposed to.
      Religious Right: people who fight to impose their religious views on the rest of society, a thing that the Constitution is opposed to.

      these things are not equal.
      and you are a moron for trying to make it seem so.

      --
      The guy who said the election was rigged won the presidency with the second-most votes.
    8. Re: Log Files by EndlessNameless · · Score: 1

      logging : security :: pregnancy tests : contraception

      This is a very poor analogy. It hints at serious deficiencies in security.

      Most major attacks involve an initial point of ingress, a period of observation, further compromises and privilege escalation, additional network reconnaissance, and, finally, exfiltration of sensitive data and/or sabotage.

      If you are logging and monitoring effectively, you can detect an attacker during the early stages and prevent him from accessing sensitive material. This requires a skilled and responsive security team, but it is possible for any medium-to-large enterprise.

      If you're only looking at your logs after the shit has hit the fan, then I'm sorry to say---your security posture is weak, and you are asking to be compromised. You essentially have no capacity to identify or locate an attacker on your network.

      --

      ---
      According to the latest ruleset, this post should be modded as Vorpal Flamebait +5.
    9. Re: Log Files by JohnFen · · Score: 1

      arguably not necessary if you are confident your site is secure.

      If you are confident your site is secure, you've already lost.

    10. Re: Log Files by sexconker · · Score: 1

      logging : security :: pregnancy tests : contraception

      This is a very poor analogy. It hints at serious deficiencies in security.

      Most major attacks involve an initial point of ingress, a period of observation, further compromises and privilege escalation, additional network reconnaissance, and, finally, exfiltration of sensitive data and/or sabotage.

      If you are logging and monitoring effectively, you can detect an attacker during the early stages and prevent him from accessing sensitive material. This requires a skilled and responsive security team, but it is possible for any medium-to-large enterprise.

      If you're only looking at your logs after the shit has hit the fan, then I'm sorry to say---your security posture is weak, and you are asking to be compromised. You essentially have no capacity to identify or locate an attacker on your network.

      Bullshit. The vast majority of attacks, even the big ones, are due to credential exposure (password reuse or phishing).

      If your logging system indicates that someone got in, shit has already hit the fan. If your logging system indicates that someone is trying to get in, it's a day that ends in Y.

  2. Re:Publically acessable by Anonymous Coward · · Score: 5, Interesting

    Sorry, but I know of NO 'public' websites that publish their log files, that is just ill-informed dumbassery, which must be very common in russian troll farms

  3. Isn't this the government? by TheZeitgeist · · Score: 1

    Can't they just call their counterparts at NSA and get whatever they want? Why all the paperwork and redundant court-theater to get what they already have?

    1. Re:Isn't this the government? by Anonymous Coward · · Score: 1

      Maybe they already have and this is just part of their parallel construction plan.

    2. Re:Isn't this the government? by viperidaenz · · Score: 2

      Because if they want to take anyone to court, the evidence needs to be admissible.
      Hence the parallel construction of evidence they already have.

    3. Re:Isn't this the government? by VeryFluffyBunny · · Score: 1

      Something tells me that the people at the NSA aren't cooperating very well with the current administration.

      --
      Debate is a form of harassment. Do not question my truth.
  4. Re:Publically acessable by ShanghaiBill · · Score: 5, Informative

    Assuming the website is publically acecssible, of course it does.

    Wrong assumption. They are "requesting" (demanding) that Dreamhost provide them with logs containing IP addresses of 1.3M people that merely visited the site (without participating in any discussion). That info is not publicly available. If it was, they wouldn't need a warrant.

    Here is the relevant law:

    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.

    Since there is no probable cause for 1.3 million people, the judge was right to deny the warrant.

  5. Re:Publically acessable by rmdingler · · Score: 4, Funny

    Hmmm... you nailed publicly, but whiffed on accessible... Your no pure-blooded grammar Nazi, are you laddie?

    --
    Happiness in intelligent people is the rarest thing I know.

    Ernest Hemingway

  6. Re:Publically acessable by rmdingler · · Score: 5, Insightful

    Yessir. Lest we forget, the protections afforded citizens by the Bill of Rights are tested most severely when they protect the rights of the people you disagree with.

    I see the President for what I believe he is, a charlatan with a magician's gift for distraction, but I would never condone the outing of his supporters' personal information in a warrant-less search.

    --
    Happiness in intelligent people is the rarest thing I know.

    Ernest Hemingway

  7. Re:Totally ok to.... by Anonymous Coward · · Score: 1

    Go home Vlad, you're drunk.

  8. Re:1st Amendment.... by Anonymous Coward · · Score: 5, Informative

    Bullshit and you know it. There were lots and lots of anti-obama websites, some coming close to calling for armed insurection. I mean besides fox news et. al. The Obama DOJ didn't go after them at all. Something to do with The Constitution.

  9. Re:Totally ok to.... by viperidaenz · · Score: 4, Informative

    Russia is not covered by the 1st Amendment.
    If you want to use it, you need to be a citizen of the United States or a person within its borders.
    Not a guy in Russia buying ads on Facebook. They'd need to do it from within US borders. Then they would be bound by the laws related to political campaign advertising.

  10. Re:1st Amendment.... by Anonymous Coward · · Score: 2, Insightful

    It does make me wonder how the judge would have ruled if the website had been an anti-Obama website a couple of years ago. I bet the ruling would have been 180 degrees from this ruling.

    Bullshit .. because for starters, Obama never asked for such draconian shit.

    Look, if Tump the Idiot feels it is his presidential right to attack, intimidate, harass, and otherwise dig into the lives of people who disagree with him, then the reality is he's grossly unfit for the office.

    Political dissent is a Constitutionally protected right, and in fact, it's part of the basis of the 1st amendment. Are you suggesting that anybody but a fascist asshole would do this or that there is any legal basis upon which said asshole would do it?

    When you elect a thin-skinned egomaniac wannabe facist as your president, and if you support his actions, then please, do the world a favor and fuck off.

    Trump is a narcissist, a crook and a thug, and he's using his presidential powers exactly as you'd expect such a douchebag to do.

    If any Americans are supporting Trump to do idiotic and fascist things like this, then America is well and truly fucked.

    Tell me, what do you think the response would be if someone had asked for logs for an NRA or an anti-abortion site? And now tell me what either of those two idiotic groups would have done if someone did it to them.

    Idiot.

  11. One wonders . . . by PeeAitchPee · · Score: 1, Insightful

    . . . if the same judge would so vociferously enforce the Constitution and "protect netizens" if the political parties were reversed, e.g., hypothetical President Hillary's DoJ demanding the weblogs of hypothetical-conservative-site.org.

    1. Re:One wonders . . . by Anonymous Coward · · Score: 1

      The judge is a Clinton (Bill) appointee. What do you think?

    2. Re:One wonders . . . by quantaman · · Score: 2

      . . . if the same judge would so vociferously enforce the Constitution and "protect netizens" if the political parties were reversed, e.g., hypothetical President Hillary's DoJ demanding the weblogs of hypothetical-conservative-site.org.

      Yes. Yes he would.

      Of course that presumes that Clinton would have made such a request in the first place, which she wouldn't have, because it was extraordinarily inappropriate.

      --
      I stole this Sig
    3. Re:One wonders . . . by x0ra · · Score: 1, Troll

      Obama has done worst...

    4. Re:One wonders . . . by Anonymous Coward · · Score: 1

      "Can't we just drone this guy?" she asked.

    5. Re:One wonders . . . by quantaman · · Score: 2

      Riiiiight. The same Hillary Clinton -- you know, that champion of womens' rights Hillary Clinton shown grabbing rapist Harvey Weinstein's man-tits at some multi-million dollar DNC shindig -- would *never* do anything "extraordinarily inappropriate."

      Now that we've gotten your off-topic talking point of the week out of the way...

      Because she would respect the Constitution, just like Obama did when he took a big steamer on it with warrantless wiretaps, FISA courts, and every other shitty abuse of power he doubled-down on from GWB and before.

      What a freakin' homer.

      Whatever you think of the constitutionality of those various actions they were done for the purposes of law enforcement, generally terrorism. And to the extend they went after the logs of websites they were generally pretty extreme sites.

      Trump was trying to ID people who protested him, that's not a criminal act.

      Like many of Trump's actions the comparisons don't hold up, Trump is not normal and his actions are completely unacceptable.

      If Obama had started acting the way Trump has I think the cabinet rightfully would have declared him mentally incompetent. The only reason to not do the same for Trump is that voters apparently decided to elect an incompetent president and it doesn't seem right to override their decision.

      --
      I stole this Sig
    6. Re:One wonders . . . by DogDude · · Score: 1

      I don't wonder. I expect the same judge to do the same thing. I don't believe in conspiracy theories.

      --
      I don't respond to AC's.
    7. Re:One wonders . . . by Boronx · · Score: 2

      He's an idiot who asks if we shouldn't use nuclear weapons, what do we have them for? Out loud, several times.

      Then you made him president. You just keep thinking that electing a dumbshit makes you a rebel.

    8. Re:One wonders . . . by dywolf · · Score: 2

      he's not like you

      Yes exactly.
      He's not:
      -mature
      -intelligent
      -compassionate
      -sane
      -unlikely to accidentally start WW3
      -corrupt
      -self aggrandizing
      -hypocritical
      -truthful
      -altruistic

      --
      The guy who said the election was rigged won the presidency with the second-most votes.
    9. Re:One wonders . . . by dywolf · · Score: 1

      delusional

      --
      The guy who said the election was rigged won the presidency with the second-most votes.
    10. Re:One wonders . . . by omnichad · · Score: 1

      Mutually Assured Destruction is still considered to be the first line of defense against Russia and North Korea. Not using them is all we need them for.

  12. Re:Publically acessable by rholtzjr · · Score: 1

    Of corse he is. What would be the fun of trolling a grammer nazi-wannabe.

  13. Re:1st Amendment.... by I75BJC · · Score: 2, Insightful

    Wait a Minute! POTUS Obama's Regime rummaged through Federal Government records (IRS/tax records according to the Main Stream Media) and barely caught a News story. POTUS Obama's Regime bugged people (stingray, etc.) and it only came to light during the "Russian" investigations. POTUS Obama & His Regime did a lot of illegal surveillance of USA Citizen & people. These actions by POTUS Obama, et al, are a lot worse than asking for the logs. Actions speak louder than words.

  14. Misleading headline by Xenographic · · Score: 5, Informative

    The headline is quite misleading, the real details are in the order that, thankfully, the summary links to.

    Basically, the judge granted a protective order that lets the feds search for evidence of criminality (e.g. more info on those plans to dump butyric acid into the ventilation shafts or to chain trains), without the ability to go fishing around for evidence of other crimes they may have committed.

    In short, it's a reasonable protective order that lets the feds do their job while addressing the privacy concerns. From the headline, you'd assume they lost, but if you look at the details, the feds will be able to search the site for evidence with the judge acting as an intermediary to ensure that all the searches are justified.

    1. Re:Misleading headline by drinkypoo · · Score: 1

      From the headline, you'd assume they lost, but if you look at the details, the feds will be able to search the site for evidence with the judge acting as an intermediary to ensure that all the searches are justified.

      Their goal was to get more access than they needed for whatever reason, and they failed at reaching that goal. I'd say they lost; now they're going to have to do their jobs (or whatever facsimile thereof they've been tasked with) using only the legal amount of information.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    2. Re:Misleading headline by sexconker · · Score: 1

      Feels like typical slashdot.

    3. Re:Misleading headline by omnichad · · Score: 1

      Yeah, let the police redact their own information before looking at it. I'm sure that will go over well.

    4. Re:Misleading headline by JohnFen · · Score: 1

      I think that the headline, while clearly written in a provocative way, is accurate. The government asked for the moon, and didn't get it.

    5. Re:Misleading headline by Xenographic · · Score: 1

      That's what happens practically every time, though. There's no benefit to asking for less than the moon, because you don't get what you don't ask for. It's sort of like how they generally go for the max sentence, because they know that your lawyer will negotiate downwards, so they have to ask for too much to get a fair sentence in the end. Granted, the part about getting a fair sentence doesn't always happen, especially if you or your lawyer negotiate badly. It's sort of like what happens if you play tug-of-war and one side doesn't pull the rope.

      If I were writing this, I'd have said that the judge granted the search warrant subject to a protective order. As written, one would tend to assume that the search warrant was denied. It's wasn't. There's no need for all the drama here. They always ask for the moon. Sometimes they even get the moon. There's a sensible protective order in place and they get to look at everything they're allowed to under the judge's supervision, which is fair & reasonable.

    6. Re:Misleading headline by JohnFen · · Score: 1

      That's what happens practically every time, though.

      Perhaps so, but that doesn't make the headline incorrect.

    7. Re:Misleading headline by Xenographic · · Score: 1

      > I really don't see how it's misleading.

      It implies that the search warrant was denied, when it was granted subject to a protective order.

    8. Re:Misleading headline by Xenographic · · Score: 1

      It appears to imply that the government is not going to get to examine the data, but it is going to get to examine the data subject to a protective order.

      I realize that different people may read it differently, but I thought this was an important point to clarify.

  15. Re:Totally ok to.... by FeelGood314 · · Score: 1

    Russians are and people in Russia are protected by it. The US constitution says what the US government is allowed to do and what it can't. It doesn't say that the US government can do anything it wants to people outside the US borders or non-citizens. It is very clear on that. In fact the limits are the same for in the USA and outside, and mostly for citizens and non-citizens*. The trouble with most constitutions is if politicians choose not to follow them and the people don't actually read, understand and hold the politicians accountable then it really is just a scrap of paper.

    *And now blacks and women. Don't hold your breath for native Americans though.

  16. Re:Totally ok to....BS by I75BJC · · Score: 1

    I doubt that. Distributing a foreign magazine, book, pamphlet, tract, etc. in the USA would be covered under the USA Constitution. Also foreign websites that can be viewed by a person in the USA are covered . Foreign videos, movies, etc. that can be streamed to a device and viewed by a person in the USA are covered. You think that the USA Constitution doesn't cover foreigners? Or that they actually have to be here?

  17. Re:1st Amendment.... by x0ra · · Score: 2

    You forget POTUS Obama's Regime armed drug cartel with Operation Fast and Furious (with military grade stuff), and POTUS Obama's Regime sanctioned legal businesses with Operation Choke Point.

  18. Re:1st Amendment.... by Anonymous Coward · · Score: 1

    No, the Obama administration just sicced the IRS on them.

  19. Re:Publically acessable by rmdingler · · Score: 2

    They're onto me. Shite... What would our Fearless Leader do with Puerto Rico in shambles, the Secretary of State calling him an effin' moron, and a tinpot dictator besting him in a game of one-upmanship?

    "Oh yeah! Well, what about the NFL players kneeling during the anthem?"

    --
    Happiness in intelligent people is the rarest thing I know.

    Ernest Hemingway

  20. Why Such a Low Opinion? by GumphMaster · · Score: 1

    I am not in US. Looking from outside, I find the apparent general lack of faith in the ability of US judges to act with impartiality in respect of the law surprising. This is doubly so when you consider that, with few exceptions, decisions are subject to appeal and review by many others. Can someone in the US please explain whether my perception is skewed or there is a general distrust? If the latter, where does that stem from?

    --
    Patent litigation: A doctrine of Mutually Assured Destruction... in which everyone seems willing to push the button
    1. Re:Why Such a Low Opinion? by rmdingler · · Score: 4, Funny
      Judges are an integral part of the very important checks and balances doctrine initially instituted by the founders of the Republic.

      Since the most influential of them are appointed by the party in power at the moment, the process is subject to gaming; yet, the nature of the voting public is fickle, and when the ruling party begins to leave a foul taste in their mouths, the voters generally have dismissed the party in power in favor of the ephemeral change.

      Though impartiality is a ruse, and the illusion of the change is little more than that, the balance of power between the right and left has kept the Republic safe.

      --
      Happiness in intelligent people is the rarest thing I know.

      Ernest Hemingway

    2. Re:Why Such a Low Opinion? by PeeAitchPee · · Score: 2

      Look at the process for confirmation of a Supreme Court nominee. It's about the most political thing that the US gov't does anymore. Both sides literally choose radical shills that vehemently espouse their tribe's proper dogma (with decades of decisions and case law to back their worldview) and then swear up and down that they'll be impartial. It's fucking insulting.

      Blame the process, and the two parties of tards that got us there over the past 30+ years.

    3. Re:Why Such a Low Opinion? by gurps_npc · · Score: 1

      The internet is skewing your view.

      Many people take to the internet because they are surrounded by people that despise their personal views. The reasonable people tend to not engage the extremists - on both sides.

      In fact, most Americans,have an excessively trusting view of the legal system, especially considering the fact that many judges are elected. Yes, that makes them politicians, and they are as corrupt as say Tim Murphy (claimed to be pro-life but pushed his lover to get an abortion).

      That said, it is a different story among the extreme right and left. Both think the Judges can not be trusted for different reasons.

      --
      excitingthingstodo.blogspot.com
  21. Re: Publically acessable by Anonymous Coward · · Score: 1

    There are scary people on both sides, for sure.

    I hate partisans of all stripes, because we should not strive to be a slave to a label, but individuals with our own human opinions.

    Both groups have good ideas and bad ideas, but if all you see is "they" then you can never see the good ideas from the bad -- and you can't see the bad ideas for the reason they're actually bad!

  22. Re:Totally ok to....BS by viperidaenz · · Score: 1

    It covers everyone within its borders.

  23. bravo by e**(i+pi)-1 · · Score: 1

    separation of power still works.

  24. Re:Totally ok to....BS by x0ra · · Score: 1

    define "borders" in the Internet era ?

  25. Re:Publically acessable by Anonymous Coward · · Score: 4, Informative

    >Since there is no probable cause for 1.3 million people, the judge was right to deny the warrant.

    He didn't deny the warrant you utter nincompoop.

    To ensure that the identities of innocent persons are not revealed, the government must adhere to the following safeguards: (1) file a report with the Court explaining the government's intended search protocol and review procedures designed to minimize access to data and information not covered by the Warrant; (2) if the Court approves the report, the government may only conduct its search on a redacted data set that omits non-subscriber identifying
    information; (3) upon completion of review, the government must file an itemized list of the materials it seeks to retain with the Court, and explain how such materials are relevant to its investigation and its basis for removing any redactions; and (4) only upon a finding by the Court that the requested information is evidence of criminal activity, as described in the Warrant for which this Court has found probable cause, may the government obtain any un-redacted information, such as the identity of the user.

    The judge just set a number of conditions and protocols that the government has to abide by in order to minimize exposing the information not sought in the warrant.

  26. Re: 1st Amendment.... by Anonymous Coward · · Score: 1, Insightful

    To be fair, they were evading taxes, and part of their platform was evading taxes.

    Sort of bringing it upon yourself at that point, aren't you?

  27. Re:Totally ok to.... by viperidaenz · · Score: 2

    The US Constitution doesn't prevent the Foreign Agents Registration Act, which requires all activities and finances of a foreigner/foreign government or their agents to be registered, unless specifically exempt.

  28. Re:Totally ok to....BS by viperidaenz · · Score: 1

    The same as the pre-Internet era?

  29. Re:Totally ok to.... by drinkypoo · · Score: 4, Insightful

    Russia is not covered by the 1st Amendment.
    If you want to use it, you need to be a citizen of the United States or a person within its borders.

    Nope. Freedom of speech is considered by the United States to be a natural right, and the first amendment does not create it, only recognize it. In general, the USA has extended the right of free speech to non-citizens. This is not the case worldwide; for example, it's still illegal for a noncitizen of the UK to engage in "seditious" speech while on their soil, while they basically eliminated that for their own citizens some while ago.

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  30. Re:Publically acessable by drinkypoo · · Score: 1

    Wrong assumption. They are "requesting" (demanding) that Dreamhost provide them with logs containing IP addresses of 1.3M people that merely visited the site (without participating in any discussion). That info is not publicly available. If it was, they wouldn't need a warrant.

    They probably already have that information, they logged the connections to begin with. [Never forget QWest.] But that won't help them with parallel construction...

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  31. Re:Publically acessable by Darinbob · · Score: 1

    You don't know very many then.

  32. Re:Logging != Security by donaldm · · Score: 1

    Logging does not equal security. Logging enables forensic analysis after the fact.

    Cameras don't prevent the bank robbery, but they may help you find the robber.

    Well said.

    The main problem with logs is how long do you keep them. Normally this is set by company policy but as per usual Governments (usually ill-informed or draconian) seem to want companies to keep logs forever which is stupid since logs do take up storage space.

    A very import part of company policy with respect to logs is a statement of who has the right to view them and the reasons for this. Obviously, you cannot stop a System Administrator so there has to be some trust but you can dictate that any external access can only be allowed when the appropriate legal documents are produced.

    --
    There ain't no such thing as proprietary standards only proprietary formats. Standards are by definition open.
  33. Re:1st Amendment.... by sexconker · · Score: 1

    And POTUS Obama's Regime murdering US citizens via drone strike.

  34. Re: Publically acessable by hey! · · Score: 1

    Except that that asking for information that is held by a third party isn't covered under that amendment. That's why Congress had to pass the Pen Register Act, among other laws. Laws like that are statutory fixes for situations you couldn't reasonably expect an 18th century politician to anticipate.

    --
    Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
  35. Re:Publically acessable by JustNiz · · Score: 1

    Totally agree. There's a very real difference between suppressing free speech and punishing someone for not doing a professional job.

  36. Re:Publically acessable by gnick · · Score: 4, Insightful

    Well, with there now being undeniable video of CNN and NYT actually being the antithesis of real journalism (which NBC is doing as well), why should they allow them to continue to spread disinformation?

    Are you suggesting that CNN is less accurate than our White House? If DJT tells me one thing and CNN tells me another, I know who I'm going with. Because that keeps happening and DJT is wrong every time. He's still spouting off about America being "the highest-taxed nation in the world" and poor Sanders is stuck trying to defend it.

    --
    He's getting rather old, but he's a good mouse.
  37. Re:One judge by Boronx · · Score: 1

    The independence of the judiciary is pretty well grounded in the Constitution.

    So is equal protection under the law, prohibitions against religious persecution, limitations to the scope of the amendments, etc.

  38. Re:Unmasking is not ok now? by Boronx · · Score: 2

    To flip it around ... I guess you're ok with the unmasking?

    I take Russian meddling far more seriously than a group trying to cause a ruckus at the inauguration, just my opinion though.

  39. Re:Publically acessable by ShanghaiBill · · Score: 2

    He's still spouting off about America being "the highest-taxed nation in the world"

    To be fair, this is true in an absolute sense. It is only when you look at percentages or per capita taxes that other countries pay more.

  40. Re:1st Amendment.... by x0ra · · Score: 1

    ... without due process.

  41. Re:Totally ok to....BS by x0ra · · Score: 1

    then how do you apply 1st Amendment enforcement to virtual data ? The storage location ? So as such, should ISIS be free to spread their content without restriction (after all, hate speech is still free speech ? [and yes, I believe they should.])

  42. Re:Publically acessable by ShanghaiBill · · Score: 1

    until November 2016, the Bill of Rights was considered a outdated relic that was irrelevant, but suddenly the Left turned 180 degrees

    Not true. The left has championed the 4th Amendment for a long time, just as the right has long defended the 2nd and 10th.

  43. Re:One judge by x0ra · · Score: 1

    Judges are flawed humans being as everybody else... https://www.youtube.com/watch?...

  44. Re:Publically acessable by GameboyRMH · · Score: 4, Interesting

    LOL no the only thing that suddenly and mysteriously changed was your perception of the issue. Retroactively. If you can dig deep into your suppressed memories, you might remember free speech cages, and the right wanting to run the bill of rights through a crosscut shredder in the name of stopping those durn Muslim terr'ists under Dubya. Back when the mass surveillance kicked into high gear, that the right hardly ever complained about, even under Obama. Remember that?

    Heck, remember when the right had this conspiracy theory that net neutrality was an attempt to bring back the Fairness Doctrine and that was considered a Very Bad Thing? Now the Golfer in Chief talks very plainly about bringing back the Fairness Doctrine in all but name, and nobody on the right bats an eye. One good thing that's come from the Senile Racist Uncle regime is that the shameless, all-encompassing hypocrisy of the right has been laid bare for all to see.

    I'm still not sure what the right wants done to prevent boycotts, these days they're always complaining about people's freedom of speech and association when companies are pressured to fire outspoken deplorables in their employ like James Damore and Brendan Eich. Maybe an anti-boycott tribunal to force business relationships to continue when there's evidence of a political motive when ceasing them. Doesn't sound very constitution-friendly to me, but again, the right is very hypocritical about these things. They didn't make a peep about Jemele Hill after all.

    --
    "When information is power, privacy is freedom" - Jah-Wren Ryel
  45. So you're a mind reader now? by Xenographic · · Score: 2

    > Their goal was to get more access than they needed for whatever reason, and they failed at reaching that goal. I'd say they lost; now they're going to have to do their jobs (or whatever facsimile thereof they've been tasked with) using only the legal amount of information.

    Right, and you're a mind reader now? I don't know about you, but I'm more wary of people who have decided the police are out to get them, like those crazy people who assassinated random cops for no reason...

    Anyhow, I suggest taking some actual law classes someday, instead of getting your education from fiction. We have an adversarial justice system. They always ask for the max and it's the defense's job to whittle that down with the court as the referee. I realize it may be strange if you're from a country where they have, say, an inquisitional system or any of the other models, but this is pretty much normal. They basically always ask for everything they could possibly get and leave it to the judge to whittle that down. Sometimes nobody bothers to contest it and they get everything, after all.

    Sure, this one's a bit abnormal because it's getting a lot of attention, so the judge put more effort into that order than usual. But there's nothing particularly noteworthy here other than the level of controversy.

    This is far too preliminary to be interesting. Sure, it's important because it lays the foundation of the case(s) to come, but it's usually more instructive to wait until there are trials and both sides show what evidence they have.

    1. Re:So you're a mind reader now? by Xenographic · · Score: 3, Interesting

      Sadly, there aren't a lot of good guides that go into how it works that aren't overly technical. That said, I think that this info on search warrants covers the basics pretty well. As far as different justice systems go, I think, this article should be pretty readable.

      To get a any sense of how things normally work, you pretty much have to read a lot of cases. That's harder these days because most news stories don't bother to link to whatever they're discussing, but I will give credit to this submission for linking to a proper source, at least.

    2. Re:So you're a mind reader now? by Xenographic · · Score: 1

      Yes, Law Comic is very good, I will second that recommendation.

      If you want a good law movie, oddly enough, My Cousin Vinny is one of the more realistic movies. Many of the others are... not so good.

  46. Nice by nospam007 · · Score: 1

    But I guess some judge will receive a threat to 'remove his license'

  47. Re:Publically acessable by lucm · · Score: 1, Funny

    Of corse he is. What would be the fun of trolling a grammer nazi-wannabe.

    The expression "grammar nazi" is interesting because:

    1) actual nazis had, on average, poor grammar skills. Goebbels himself (who wanted to obtain a PhD in literature but had to fall back to literary history) wanted to become an author but his grammar was terrible. His own teacher, von Waldberg, once made fun of the fact that Goebbels was a huge fan of Dostoyevsky but never managed to write down the author's name properly.

    2) nazis rarely took initiatives; they had a deeply hierarchical culture with centralized decision-making. Nazism was a textbook case of corporate statism.

    Therefore, a person who engages on their own in grammatical nitpicking on the internet should not be called a "grammar nazi", but rather a "grammar vigilante", which is at the opposite end of the social spectrum.

    In fact, one could argue that "grammar phony" would be an even better expression since grammatical nitpicking does not aim at correcting mistakes, but is rather a thinly veiled form of virtue signalling.

    --
    lucm, indeed.
  48. Half right, half wrong by Xenographic · · Score: 4, Informative

    Here is the relevant law:

    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.

    This is the Superior Court of DC, so I think this is actually the relevant law on search warrants:
    https://beta.code.dccouncil.us/dc/council/code/sections/48-921.02.html

    The Constitution doesn't exactly provide a lot of details, so one normally looks at the actual laws on the subject. To re-derive the constitutional contours of search warrants from constitutional principles every time would be sort of like trying to do this every time you want to add 2+2. In short, no, it doesn't work that way.

    It's normal for demands to be overly broad. They ask for whatever they might plausibly get, because sometimes the judge agrees with them and they won't get anything they don't request. This is how an adversarial justice system works. There are other models, for example, inquisitional systems, in use in other countries.

    Note that I am not arguing with you about this being non-public information. You were right to correct the other poster about that. And you were right that it is, in fact, completely obvious from the fact that they issued a search warrant. The judge realized there were real concerns here, so they narrowed the scope of what was asked and are allowing the police to search it first, then unmask people later if they have probable cause to believe they were participants in a crime.

    In short, it's a detailed and perfectly sensible decision that appears to be quite fair to both sides.

  49. Re:Publically acessable by Anonymous Coward · · Score: 1

    The US also has one of the rates for Corporate taxes, if I am not mistaken.

    and for some reason lots of big Companies decide to use patent fees of their subcompanies to barely pay taxes outside of the US and more than they have to inside of the US.

  50. Re: Publically acessable by Hognoxious · · Score: 2

    The enemy side doesn't.

    Neat way to confirm what GP was saying.

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  51. Re:Publically acessable by dave420 · · Score: 2

    That's why the expression is "grammar nazi" and not simply "nazi". It's ascribing the zealotry of nazism to highlighting poor grammar, not saying that all nazis had impeccable grammar.

  52. Re:Publically acessable by dave420 · · Score: 1

    You are making the classic mistake of assuming the anger comes from a difference in opinion, not in the character of the different opinion.

  53. Uh oh. by Anonymous Coward · · Score: 1

    and to prevent the government from obtaining any identifying information of innocent persons.

    He swallowed the government's coolaid after all. The 4th amendment does not protect "innocent" persons because guilt is only established in court proceedings, it protects persons not specifically targeted by an investigation. Once we apply the threshold of "innocence", somebody has to make that decision, and to make the decision, he needs to view the information. So we are again talking about dragnet operations under government control and are just bickering about who is responsible for operating which parts of the dragnet.

  54. Not just new, but stupid too. by Anonymous Coward · · Score: 1

    Nope, it's tiny hands he's talking about, moron. DO try to keep up with news. Hillary didn't get the presidency 8 months ago. Get over it: you deplorables have to actually DO something (and get blamed for it) rather than just whining about those who do.

  55. Re:1st Amendment.... by houghi · · Score: 1

    Or perhaps something to do with being a decent human being.

    --
    Don't fight for your country, if your country does not fight for you.
  56. Re:Totally ok to.... by Anonymous Coward · · Score: 1

    Actually that's incorrect. What the first amendment actually starts with is "Congress shall make no law..." meaning the government is forbidden from acting against free speech in any capacity whatsoever.

    Authoritarians like to talk about the Constitution as if it is a set of rights the government grants the People. That is totally wrong. The People are the holders of ultimate power and the Constitution is a set of rights we have decided to delegate to the government. The Bill of Rights is just a followup of the style of "if there were any doubts about who is really in control here, let's just make these things extra clear."

  57. Re: Publically acessable by Zero__Kelvin · · Score: 1

    You don't know any actual liberals then. Calling someone a liberal, or oneself a liberal, doesn't make it so.

    --
    Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
  58. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  59. Re:Publically acessable by dywolf · · Score: 1

    undeniable video that of course you are completely incapable of actually providing or proving hte existence of.

    --
    The guy who said the election was rigged won the presidency with the second-most votes.
  60. Re: Logging != Security by Maritz · · Score: 1

    IDS is detection. IPS is prevention.

    --
    I do not want your cheap brainburning drugs. They are useless for work. And I am a working man today.
  61. Re:Publically acessable by dywolf · · Score: 1

    how about when sanders was saying "he's more to fight ISIS in the past 6 months than Obama did in last 8 years" ...

    ignoring both that ISIS is only like 3 years old, AND Trumps super secret "plan to defeat ISIS in 30 days" is just to keep following the plan Obama was already following.

    --
    The guy who said the election was rigged won the presidency with the second-most votes.
  62. Re:Publically acessable by dywolf · · Score: 1

    so what youre saying is, is that your delusions are still intact.

    --
    The guy who said the election was rigged won the presidency with the second-most votes.
  63. Re: Publically acessable by dywolf · · Score: 2

    still delusional.

    --
    The guy who said the election was rigged won the presidency with the second-most votes.
  64. Re: Publically acessable by rholtzjr · · Score: 1

    You have not been paying attention. Look it up your self if you have doubts.

  65. Re:Publically acessable by tehcyder · · Score: 1, Insightful

    This is such an incredibly annoying post that I hope it is a troll. We need some decent trolls back on slashdot, not just meme-regurgitators.

    --
    To have a right to do a thing is not at all the same as to be right in doing it
  66. Re: Publically acessable by tehcyder · · Score: 2

    That is classic right wing false equivalence "there are good and bad people on both sides" bollocks. Some Nazis liked Mozart or kittens, that doesn't mean that Nazism was OK on balance.

    --
    To have a right to do a thing is not at all the same as to be right in doing it
  67. Re:1st Amendment.... by dywolf · · Score: 1

    "barely caught a news story" ... what fantasy world are you living in?

    --
    The guy who said the election was rigged won the presidency with the second-most votes.
  68. Re: Logging != Security by tehcyder · · Score: 1

    IDS is detection. IPS is prevention.

    And IBS is a pain in the ass.

    --
    To have a right to do a thing is not at all the same as to be right in doing it
  69. Re:1st Amendment.... by dywolf · · Score: 2

    and you seem to have no clue as to the facts of the case.

    here's the rundown:
    -IRS is tasked with approving 501() tax exemptoin applications
    -IRS had a backlog
    -IRS tried to shortcut determinations for 501(c) groups, the NON-POLITICAL group category by searching for political terms in group names
    -this is because groups didnt want to have to file under 501(d) because (d) requires disclosure of donors while (c) does not (thats why its explicitily for political groups)
    -IRS did this to both conservative AND liberal groups
    -Congress critter Issa tried to paint it as being conservatives only by manipulating hte investigation and only pointing out conservative groups
    -IRS never actually disapproved any conservative groups
    -IRS did disapproved a few liberal ones

    -the whole scandal was manufactured conservative bullshit that came about because the IRS tried to do its job and actually enforce the law as written, albeit with a misguided shortcut.

    --
    The guy who said the election was rigged won the presidency with the second-most votes.
  70. Re:One judge by dywolf · · Score: 1

    ah yes.
    the famous leftist agenda of having all citizens treated equally under the law as the constitution demands.
    that makes the conservative agenda what exactly?

    --
    The guy who said the election was rigged won the presidency with the second-most votes.
  71. Re:Publically acessable by Paradise+Pete · · Score: 2

    Yes. Apparently Grammar Nazis criticize Nazi grammar.

  72. Re: Publically acessable by omnichad · · Score: 1

    So just do a Google search for "undeniable video" and there it is?

  73. Re: Publically acessable by dywolf · · Score: 1

    keep proving me right

    --
    The guy who said the election was rigged won the presidency with the second-most votes.
  74. It would seem by DaMattster · · Score: 1

    that there exists a small number of judges that are still willing to defy the Department of Justice. This was the correct ruling. DoJ needs a good swift kick in the balls as a reminder that, as much as it wants to, it cannot violate the constitution.

  75. Re: Publically acessable by rholtzjr · · Score: 1

    You are asking that on a tech forum? Sometimes you have to wonder why they call this site "News for Nerds"?

  76. Re: Publically acessable by rholtzjr · · Score: 1

    I do not have to as you are obviously showing your selective ignorance. Here is what I can say, if you only listen to one side of the story, that is all you have.

  77. Re:Publically acessable by rholtzjr · · Score: 1

    Do not conflate free speech with lying. That is what got your party into the situation to where they are.

  78. Re: Publically acessable by dywolf · · Score: 1

    no.
    you see, you dont understand argument.

    you made the claim.
    you back it up.

    until then, its just unsubstantiated bullshit.

    --
    The guy who said the election was rigged won the presidency with the second-most votes.
  79. Re: Publically acessable by JohnFen · · Score: 1

    Except that that asking for information that is held by a third party isn't covered under that amendment.

    Asking for information is something that the government (like literally everybody else) is perfectly within their rights to do. Compelling information is something that is restricted by the Constitution -- whether its held by a third party or not.

    The Constitutional distinction is this:

    The government cannot conduct a search without a warrant unless they have the permission of the entity they want to search.

    Let's say you have information about me and have not agreed to keep the information confidential. Let's say the government has no warrant, and I do not agree to provide the information to them. They can certainly ask you for the information, and you are free to volunteer it. But if you refuse as well, they need a warrant.

    As much as the government tries to convince people otherwise, the Constitution does not cease to apply just because someone else gets information from or about you.

  80. Re:Publically acessable by Anonymous Coward · · Score: 1

    The Bill of Rights is constantly tested, from both the left and the right and will continue to be tested until it is replaced by something else. The United States of America has the longest running continuous government on the planet. France, in comparison, has had 6 or more different forms of government since the Bill of Rights was first enacted into law. Governance is not easy and changing it can be messy, like during the Reign of Terror.

    It is interesting to see people on the left attack people on the right and people on the right attacking people on the left, but ultimately it is not productive. I fear that the USA is heading towards a reckoning for the left, right and middle. And it is the extremists, like you, who are mostly responsible. You bring up transgressions from your perceived opponents but fail to mention any from your side, of which there are many.

    I don't remember free speech cages. Don't know who Damore or Eich are. But as a center-right type of person, I can agree that the right has tried to subvert many protections specified in the constitutional amendments. Most of these have been handled judiciously and administratively, which is part of the US system of governance. On the left, I see a different set of rights being trampled by mob rule, not by rule of law. Specifically, this mob rule has successfully prevented people from exercising their right to free speech and peaceable assembly. Worse, these actions occurred during an election cycle and the right to vote and participate in the election process are fundamental rights.

    It is the radicals we need to fear, not the left or right wings of our two moderate parties.

  81. Re:Publically acessable by dywolf · · Score: 1

    this is just your typical textbook example of a conservative interpreting "disagreement, arguing, or counter protesting against racists" as silencing them, misinterpreting the freedom to speak, as either a freedom to be heard or a freedom from criticism, or both.

    besides, what's wrong with making racists and nazis go away and crawl back into their holes?
    they can spew their shit all they want.

    they're just such snowflakes they cant handle the the fact that most people disagree with them, and so they complain, as you are, that they are being "silenced" because they dont understand the actual rights at play.

    --
    The guy who said the election was rigged won the presidency with the second-most votes.
  82. Re: Publically acessable by dywolf · · Score: 1

    polite. but delusional.
    that's not a personal attack.
    it is an observation made based on the content of his post.
    content that is delusional, devoid of fact, disconnected from reality.

    --
    The guy who said the election was rigged won the presidency with the second-most votes.
  83. Re:And yet by dywolf · · Score: 1

    because it was, and claims otherwise show a tremendous ignorance of the actual facts.

    http://www.npr.org/2015/12/19/...
    http://www.factcheck.org/2016/...
    http://www.politifact.com/trut...

    --
    The guy who said the election was rigged won the presidency with the second-most votes.
  84. Re: 1st Amendment.... by Anonymous Coward · · Score: 1

    The IRS review identified both conservative and liberal groups with questionable 501c designations.

    Politically-active non-profit organizations should be designated 501d, which requires disclosure of donors.

    "Just because it confirms your bias does not make it insightful."

  85. Re: Publically acessable by omnichad · · Score: 1

    You're missing the point.

  86. Re:Publically acessable by Anonymous Coward · · Score: 1

    Trump may not be right every time, and often exaggerates.

    That's an interesting way of saying, "Trump lies."

    But he has also often been proven right when his stories conflict with those of a number of major media outlets, including CNN and NYT.

    [citation needed]

  87. Re: Publically acessable by Anonymous Coward · · Score: 1

    And you think you can say something as blitheringly toxic and stupid as that and think you're "defending your side"?

    You're not. You're making an argument for the other side. A neutral observer who just read that now believes you're a radical totalitarian, and an idiot.

  88. Re:1st Amendment.... by Mike+Van+Pelt · · Score: 1

    After tying up the groups in investigations and red tape through the first week of November, 2012. Gee, what might have they wanted to do before the first week of November 2012 that became irrelevant afterwards? I do wonder.

    What "liberal" groups did the Obama IRS do this to that weren't enough to his left that they were criticizing him for not being far enough left?

  89. Re:Totally ok to....BS by viperidaenz · · Score: 1

    the 1st Amendment doesn't provide free speech. It prevents the US Government from creating laws that restrict it.

    Perhaps you should read it.

    Freedom of speech doesn't include incitement of hatred or violence, aka "fighting words"
    3rd paragraph, page 68, "Recapturing the Spirit: Essays on the Bill of Rights at 200"
    https://books.google.com.au/bo...
    So no, ISIS should not be free to spread hate.

  90. Re:Publically acessable by gnick · · Score: 1

    Trump... has also often been proven right when his stories conflict with those of a number of major media outlets, including CNN and NYT.

    But of course you won't hear much about THAT on CNN.

    On CNN or anywhere else! Are you sure you didn't dream these situations where DJT has been correcting the MSM? 'Cuz I can name a shit load of examples in the other direction. He kicked things off at "biggest electoral college win since Reagan" and has only gone downhill since.

    --
    He's getting rather old, but he's a good mouse.
  91. Re: Publically acessable by eaglesrule · · Score: 1

    It's not a "both sides do it" thing, though. One side has the power to censor or bury content on Youtube, Google, Facebook, and so on. The enemy side doesn't. The Youtube "trending" news carousel has been exposed to be manipulated by the PC police, not an algorithm, and they can and do remove content they disagree with.

    I sense this was modded troll because it doesn't acknowledge the propaganda efforts by 'the other side', but this is absolutely accurate in the sense that Youtube, Google and Facebook are not neutral parties but are actively manipulating.

    Here is a Youtube employee discussing how the news carousel is curated for example, as they cut ad revenue from content creators and independent journalists who offer opposing viewpoints. What happened to James Damore exposed exactly the corporate culture at Google, which also removed the Gab app from Google Play because it didn't conform to their own censorship rules. Facebook has already been exposed to manipulating user's feeds for effect.

    So in keeping with the GP's point about having blinders on in terms of the other 'side', this is inevitable, and from the perspective of conducting propaganda, very desirable. These platforms are massive and have the ability to define reality for a lot of people.

  92. Re: Publically acessable by JustNiz · · Score: 1

    >> that's not a personal attack.

    Of course it is.

  93. Re:Publically acessable by lucm · · Score: 1

    the zealotry of nazism

    Are you aware that "zealotry" comes from the name of a Jewish sect?

    --
    lucm, indeed.
  94. Re:Publically acessable by dave420 · · Score: 1

    No, but I'm aware you have no argument.

  95. Re:Publically acessable by Gryle · · Score: 1

    I don't have mods points today (and you're at a +5 anyway) so allow me to add a quote instead. "Our civil liberties are not burdens, they’re what make our country great". Rep Will Hurd (R-TX)

    --
    Only two things are infinite, the universe and human stupidity, and I'm not entirely sure about the universe - Einstein
  96. Re: Publically acessable by kenh · · Score: 1

    Ok, let me see if I got this:

    I open a shop (1), designed to organize (2) folks to commit a crime (3), and I install a video camera that records the face and outfit of everyone that enters the store (4) and another that records the outfit of every customer that engages in the crime wore (5).

    The state canâ(TM)t seek a copy of the video tapes of everyone walking into the store and everyone that committed the crime to rstablish who committed the crime? Proof of them entering the store is not proof of a crime, so their mere entry into the store isnâ(TM)t a punishable offense. But the two tapes together establish commission of the crime by the face associated with outfit.

    What are those numbers about?

    (1) the shop, like the website is public
    (2) the website was built to share ideas and coordinate violent protests
    (3) protesting isnâ(TM)t a crime, but violent, property-destructing protests are
    (4) the IP log if the visitors to the website, which may be correlated with the
    (5) user discussions to tie user-ids to IP addresses of those visitors that engaged ina criminal conspiracy to engage in violent protest.

    --
    Ken
  97. Re:Publically acessable by MisterFnortner · · Score: 1

    The Constitution protects the rights enumerated in the Bill of Rights, it does not grant them or, in your words, "afford...the citizens" these rights. Most of the essential rights: expression, thought, self-defense, freedom from molestation, etc., are "pre-political" and existed before and in the absence of the government.