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Judges Say the UK's Digital Surveillance Program Snooper's Charter Is Illegal (betanews.com)

Mark Wilson writes: Judges have ruled that the UK government's digital surveillance program -- known variously as the Snooper's Charter and the Investigatory Powers Act -- is illegal.

In the case brought by human rights group Liberty, appeal judges found that the preceding Data Retention and Investigatory Powers Act 2014 (DRIPA) -- which ultimately became the Snooper's Charter -- failed to offer adequate protection to people's data. Of particular concern was the fact that private data could be shared between different agencies without sufficient oversight.
Further reading: The Intercept.

111 comments

  1. UK USA by Anonymous Coward · · Score: 2, Informative

    Our judges actually care about civil liberties. You buffoons elected Trump. LOL

  2. Comment removed by account_deleted · · Score: 5, Insightful

    Comment removed based on user account deletion

  3. Re:UK USA by Anonymous Coward · · Score: 2, Insightful

    Your judges might, but your politicians do not give a shit about you -- just like everywhere else.

  4. Re:UK USA by Anonymous Coward · · Score: 0

    Better a patriotic American who tells us the truth crudely than a globalist who lies eloquently.

  5. Re:Arbitrary5664 = fake name massive human fail by Anonymous Coward · · Score: 0

    Is this even English? Whoever you are, you've got issues. The post above you talks about how a surveillance law applies to citizens but doesn't apply to government officials and you go off on a rant about, what exactly? Something about being unidentifiable while posting as AC.

  6. Re: Not really by Anonymous Coward · · Score: 0

    They were happy to democratically enable a law that wouldn't affect them...

  7. Re:Caught Moscow Donald committing TREASON by Anonymous Coward · · Score: 2, Insightful

    The "Deep state" is such a crock on conspiracy shit; it's borderline hilarious. If there is was a "deep state", then you can guarantee people who have been in government for years are a part of it. McConnel, Gingrich, etc. Even pundits like Limbaugh would be tits deep.

  8. Re:UK USA by bobbied · · Score: 2, Insightful

    Our judges actually care about civil liberties. You buffoons elected Trump. LOL

    Personally, I want judges that care about the law as written, not buffoons who legislate from the bench. I also prefer laws that don't impact civil liberties so Judges who care about the law can protect them. So you need two things here. Just laws that protect civil liberties and Judges that enforce the law.

    Trump is appointing Judges who care about the law and won't invent rulings on laws that don't exist. I don't see how that's a bad or dangerous thing for anybody, unless you think the law is wrong. If you think the law is wrong, that's something you take up with congress who writes the law, or the president if he signed it. He may be a buffoon to you, but he's doing the right thing with the judges he's appointing.

    --
    "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
  9. Re:Arbitrary5664 = fake name massive human fail by Anonymous Coward · · Score: 0

    I swear that these posts have to be some kind of veiled C&C instructions for some botnet.

  10. Re:Arbitrary5664 = fake name massive human fail by Anonymous Coward · · Score: 0

    Looks like a shit troll, he appears to have skipped any attempt at debate and just gone ad hominem on you... poorly at that. Either that or he's one of the rare few idiots who support the charter but can provide no reasoning to back his opinion.

  11. Re:UK USA by whoever57 · · Score: 3, Interesting

    Trump is appointing Judges who care about the law and won't invent rulings on laws that don't exist.

    LOL. Trump is nominating unqualified partisan idealogues. Just look at the case of Brett Talley.

    --
    The real "Libtards" are the Libertarians!
  12. Re:Caught Moscow Donald committing TREASON by bobbied · · Score: 0

    LOL.. I'm guessing that the Nunes memo is about to start a reckoning on the wrong side of the isle for these folks. Heads are already rolling at the FBI it seems, question is how deep will it reach and what it will expose. Seems it will be a lot to me. One is left to wonder how they will react. If past performance is any indicator it will be fun to watch so I have the popcorn ready.

    --
    "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
  13. Re:UK USA by Anonymous Coward · · Score: 0

    You buffoons elected Trump. LOL

    I'd shoot back about how you idiots voted to destroy your economy via Brexit but it's still a lesser mistake than Trump :(

  14. Re: UK USA by Anonymous Coward · · Score: 1

    Exactly. They make batshit crazy surveillance laws in the UK only to protect those that govern from their own civilians.

  15. Re:Caught Moscow Donald committing TREASON by Anonymous Coward · · Score: 0

    Alex Jones, is that you?

  16. UK needs something like FISA by Anonymous Coward · · Score: 1

    With FISA, such data about US citizens is never abused in the US by a government trying to stay in power.

    Geez, we'd never see a US political party collude with a foreign government to fabricate falsehoods against a candidate from another party, feed that disinformation to party loyalists embedded into law enforcement and intelligence agencies, then use that false data as a pretext for wiretapping that candidate as an "insurance policy" should that candidate win.

    FISA protects the US people!

    1. Re:UK needs something like FISA by RazorSharp · · Score: 1

      The problem with your conspiracy theory is that the "party loyalists embedded into law enforcement and intelligence agencies" had voting records that suggested otherwise.

      While I agree that FISA is a problem and shouldn't be deemed constitutional, your tangental conspiracy theory is absurd. There's a huge difference between leaning on intelligence operatives in an allied country to uncover very real dirt on a political opponent and colluding with an enemy state to undermine democracy. It's disgusting the way this whole situation is being spun.

      --
      "From the depths of my skeptical and rationalist soul, I ask the Lord to protect me from California touchie-feeliedom."
    2. Re:UK needs something like FISA by Anonymous Coward · · Score: 1

      The problem with your conspiracy theory is that the "party loyalists embedded into law enforcement and intelligence agencies" had voting records that suggested otherwise.

      ...

      What fucking "voting records" are you talking about?

      Andy McCabe's wife didn't get almost $1 million from Hillary! cronies? While he was in charge of investigating her email server?

      McCabe himself didn't get shitcanned from the FBI after the FBI director found something on him (what it is we don't know exactly yet, but informed guesses include FISA abuse and fraudulently modifying records of interviews...)

      Peter Strzok didn't get fired from Meuller's team for bias after being part of the "investigation" into HIllary!'s illegal email server that covered up the fact that she used that server to conduct actual State Department business with President Obama on it?

      There weren't any texts from these guys discussing some "insurance policy" in case Trump won?

      Those aren't "voting records". They're the documented acts of those who could creditably and charitably be called "Democratic Party loyalists embedded into law enforcement and intelligence agencies".

      Are you deluded enough to even try stating that's an inaccurate description?

    3. Re: UK needs something like FISA by Anonymous Coward · · Score: 0

      So fancy. Much bear.

  17. Re:Caught Moscow Donald committing TREASON by Anonymous Coward · · Score: 0

    Racism, stupidity, and Russian election interference 'elected' Trump.

    Now it is the duty of every patriotic American to expose this traitor, and remove him from power to limit the damage of his treasonous actions like destruction of the state department (to Russia and China's delight)

    Moscow Donald's refusal to enforce sanctions against Russia demonstrates his continued subservience to Vladimir Putin, whose Russian mafia money he has been laundering for decades.

    I understand that many people want this traitor to keep up his Russian sponsored crime spree, and continue colluding with Russian election interference in America, but I don't let traitors or uneducated racists tell me what to do.

  18. Re:Not really by Anonymous Coward · · Score: 4, Insightful

    Unfortunately judges in the UK have aquired a taste for power in recent decades and have a habit of overturning laws that were passed by the democratically elected MPs in the commons.

    Sorry, but if democratically elected MPs can't pass laws which pass legal muster, that's their goddamned fucking problem.

    Being democratically elected is only part of the story. Writing laws which are legal is the other part.

    For the same reason that any healthy democracy should have underpinnings which say "no, you don't get to decide these people are slaves", the judiciary is there to prevent people from passing laws which say exactly that.

    If you live in a country where judges can't strike down laws as illegal, then you are in a seriously fucked country where lawmakers have absolute power and can pass any stupid ass law they want ... all MPs get to fuck your daughter and your wife whenever they wish, for instance.

    So, hey, if you are stupid enough to think you want to live in a country where judges can't void laws ... then please, fuck off and go live in one. I guarantee you, it won't be a nice place.

    Know who wants to live in a country where the judiciary can't strike down laws? Tyrants, fascists, and mewling idiots who are too stupid to understand the function of a judicial system in society.

    If you want to live in such a country, move to one, and then shut the fuck up.

  19. Comment removed by account_deleted · · Score: 0

    Comment removed based on user account deletion

  20. Re: UK USA by Anonymous Coward · · Score: 0

    More like American 'patriot' who lies to you crudely. To be fair, I prefer when idiots lie because they're not as good at it so it makes my bullshit detection process far easier.

  21. Moot point by Anonymous Coward · · Score: 0, Informative

    DRIPA was repealed at the end of 2016. The UK court is merely affirming the EU's Court of Justice ruling against DRIPA back then and applying it to the IPA now. However, because Britain is leaving the EU, it's unclear as to whether the British government will simply ignore the court ruling since EU laws will no longer have sway over Britain's national security policies.

    1. Re:Moot point by Anonymous+Brave+Guy · · Score: 3, Informative

      However, because Britain is leaving the EU, it's unclear as to whether the British government will simply ignore the court ruling since EU laws will no longer have sway over Britain's national security policies.

      This is why civil rights groups like Liberty and various MPs are concerned that ministers should not be able to substantially amend current EU laws in the process of transferring them to national law. That way, if the government wants to reduce protections for human rights or increase the state's power over its citizens, it will have to do it in the light of day, and accept the consequences if it turns out that some of those citizens don't agree and vote for someone else next time.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    2. Re:Moot point by Anonymous Coward · · Score: 0

      >That way, if the government wants to reduce protections for human rights or increase the state's power over its citizens, it will have to do it in the light of day, and accept the consequences if it turns out that some of those citizens don't agree and vote for someone else next time.

      IPA wasn't a secret law. It went through Parliament like any other legislation. If citizens don't agree with their MP's, they can vote for someone else -- preferably someone more concerned with protecting the citizens' privacy from unwarranted government surveillance.

  22. Re:Arbitrary5664 = fake name massive human fail by Anonymous Coward · · Score: 0

    It's a bot; check some other recent threads.

  23. Re:Not really by Anonymous Coward · · Score: 0

    democratically elected MPs

    When democracy is choosing from a set of two or three cunts, any of whom will serve their respective parties' vested interested ahead of serving you, elected by a bunch of ignorant cunts primarily based on what they read in the tabloids*, I'm personally willing to give arrogant judges a bit of leeway, and a bit more respect than most MPs.

    *QED - see Brexit referendum

  24. Re: UK USA by Anonymous Coward · · Score: 0

    There's a flaw in your logic that governing bodies and legal systems understand: law requires interpretation and context.

    Without an impossibly exhaustive body of explicit law that covers every possible scenario and an impossibly skilled governing body to write and maintain those laws, *ALL* judges have the interpret the law as written based on its original intent, the surrounding context, historical precedent, changes in social norms, and the actual law as written. See the etymology of "judge"--it's in their title, ffs.

    What you're really saying is that you want conservative minded judges to interpret law as written that matches your values. To me, that's fine, that's your power as a voter but to lie about your underlying intent and frame it under this picture of "following the law" is a joke.

  25. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  26. Re:UK USA by Anonymous Coward · · Score: 0

    >how you idiots voted to destroy your economy via Brexit

    Haha. Right.
    https://www.theguardian.com/business/2017/dec/31/uk-economy-in-2018-steady-growth-tempered-by-brexit-politics

    Fast forward to the opening days of 2018 and fresh political tumult threatens to cripple Britain once more. There are, however, some reasons to be cheerful about the prospects for the UK economy. Despite the political to-and-fro of the past year, the UK economy enters 2018 in better health than many would have given it credit for.

    The post-referendum recession never materialised. Consumers have kept calm and carried on spending against the odds, and global growth and a resurgent eurozone are helping to buoy British manufacturers.

    For all the doom and gloom "analysis'" about the Brexit., things are pretty much going swimmingly.

  27. Re:UK USA by Anonymous Coward · · Score: 0

    Brett Talley wasn't nominated to be federal judge, idiot. Got any other examples?

  28. As usual, the Conspiricies are... by Zombie+Ryushu · · Score: 1, Interesting

    About pushing right wing Agendas. This includes the "Deep State" conspiracies being pushed right now. The issue is not so much Trump, its the US Congress, which is full of Neo-Fascists. This has been an on-going thing since the Gingrich Revolution of 1994. Basically, the way I see it, the US was on the path to being a purely secular, liberal democracy, and the right wing US Parties have used the idea of De-funding US Public institutions in an effort to try and restore the traditions, and racist ideas of the past.

    Only thats not what is actually happening. What's actually happening, is the US is crumbling from within because the actual democratic mechanics of the US are disintegrating. If there is not a "Blue Wave" in 2018, that removes alot of these Senators and House Members from office, and impeaches Donald Trump, we are very likely to see the US Become an outright oligarchical dictatorship, Donald Trump isn't even the real threat here, its the Republican Politicians who won't check him, who are letting him pack right wing ideologues to the courts.

    If GW Bush were as bad a Trump is, he'd have been impeached. So Trump is a symptom of the problem, the real problem is people like Paul Ryan, and his ilk. Along with people who aren't even in congress like Robert Mercer and Rebekah Mercer.

    1. Re:As usual, the Conspiricies are... by Anonymous Coward · · Score: 0

      "The issue is not so much Trump, its the US Congress, which is full of Neo-Fascists. This has been an on-going thing since " 40% of the voters started getting their information from FOX News and Clear Channel Radio.

      FTFY

    2. Re:As usual, the Conspiricies are... by Anonymous Coward · · Score: 0

      wtf has this got to do with the article?

    3. Re:As usual, the Conspiricies are... by DNS-and-BIND · · Score: 1

      The US Congress is full of fascists. Modded up to +4. What is wrong with people? This is just an emotional rant. Dictatorship, LOL. If we didn't have a democracy then Trump would have never been allowed anywhere near the Republican nomination, much less the actual presidency. Look at the Democrats, they had a challenge from an outsider too, and they dealt with it the correct way - rigging the vote. Anti-democracy, but it worked and the right candidate won.

      Bill Kristol, the prominent Republican analyst who founded The Weekly Standard, wrote on Twitter, "Obviously strongly prefer normal democratic and constitutional politics. But if it comes to it, prefer the deep state to the Trump state."

      The deep state, although there's no precise or scientific definition, generally refers to the agencies in Washington that are permanent power factions. They stay and exercise power even as presidents who are elected come and go. They typically exercise their power in secret, in the dark, and so they're barely subject to democratic accountability, if they're subject to it at all. It's agencies like the CIA, the NSA and the other intelligence agencies, that are essentially designed to disseminate disinformation and deceit and propaganda, and have a long history of doing not only that, but also have a long history of the world's worst war crimes, atrocities and death squads. This is who not just people like Bill Kristol, but lots of Democrats are placing their faith in, are trying to empower, are cheering for as they exert power separate and apart from-in fact, in opposition to-the political officials to whom they're supposed to be subordinate.

      --
      Shutting down free speech with violence isn't fighting fascism. It IS fascism!
    4. Re:As usual, the Conspiricies are... by Anonymous Coward · · Score: 0

      >The US Congress is full of fascists. Modded up to +4. What is wrong with people?

      LOL. I think there's a sizable Shareblue contingent here on /. That, or the liberal editors are fixing mod points.

    5. Re:As usual, the Conspiricies are... by Anonymous Coward · · Score: 0

      Yawn, the usual jumble of lies, innuendo and outright delusions of the US alt right nutjob. Grow the fuck up DNS, you are pathetic.

    6. Re:As usual, the Conspiricies are... by Anonymous Coward · · Score: 0

      "What's actually happening, is the US is crumbling from within because the actual democratic mechanics of the US are disintegrating."

      From an outside perspective of a non-US citizen it seems to me that this is equally to blame on the democrats as the republicans. Obama did his fair share of chipping away at the democratic process and safeguards as did Hillary.

      What baffles me is that when Obama does it the democrats cheer, and when Trump does it the republicans cheer, Both decry the opposite team doing it but excuse their own people doing it. Never seeming to understand that any powers Obama grants himself will be used by Trump just as any loopholes Bush exploits will be exploited by Obama.

      The real culprit in the erosion of American democratic politics isn't the reds or the blues. It's the petty tribalism you yanks seem to indulge in at every available opportunity. Partisan politics is the lens through which everything is viewed. It's my team VS their team, and my team can do nothing wrong, while their team is always at fault. You see it on nearly every story on slashdot. I've lost count of the amount of stories completely unrelated to USA politics that devolve into a petty political argument because of they myopic focus on TEAM A vs TEAM B. It's rather silly.

    7. Re:As usual, the Conspiricies are... by david_thornley · · Score: 1

      A "Blue Wave" could easily turn the House over to Democrats. With more difficulty, it could give the Ds a majority in the Senate (the class of Senators up for re-election is already heavily Democratic). With a Democrat majority in the House, Trump could be impeached. However, if every single Senate seat goes D in 2018, there won't be enough non-Republican Senators to convict, and so it would be an ineffectual political gesture.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  29. Re: UK USA by Anonymous Coward · · Score: 0

    Let's be honest after all the doom and gloom news anything short of a nuclear civil war is likely to be viewed favourably...

  30. Cheers for Brexit! by Anonymous Coward · · Score: 0

    Brexit was the everyman rejecting the lies and elitism of MPs who brought them into the (terrible) EU in the first place.

    1. Re: Cheers for Brexit! by Anonymous Coward · · Score: 0

      A lot of Brexit voters were old people who don't have much investment in the future of the country. A lot of the new voters for Corbyn were the young, who do.

    2. Re: Cheers for Brexit! by Anonymous Coward · · Score: 1

      Most Brexit voters are senile, too scared to leave their homes due to rampant paranoia generated by The Daily Mail, and corporal punishment never did them any harm except mentally, physically and emotionally.

  31. Re: Caught Moscow Donald committing TREASON by Anonymous Coward · · Score: 0

    Yes, duh, that's the point: it's the professional political class and bureaucracy who persist through election cycles and are constantly moving between the revoking door of government to lobbyist/contractor.

    You literally just illustrated against your own point.

  32. Re: Welcome to the JUDENoid union! by Anonymous Coward · · Score: 0

    Thank God for Jews!

  33. Hey, that's great, but... by Anonymous Coward · · Score: 1

    To quote (allegedly) Andrew Jackson: Andrew Jackson, "Mr Marshall has made his decision; Now let him enforce it!"

    It doesn't matter what a court rules if the executive charged with enforcing the ruling doesn't feel obliged to do so. And in this case, does anyone believe for a second that GCHQ and friends will be deterred for a minute by a court finding "Hey, this doesn't adequately protect individual rights"? They've known this will ignore individual rights from the get go. It's the whole point of the act in the first place.

  34. Yet another Intellectual-Yet-Idiot (IYI) by Anonymous Coward · · Score: 0

    The Intellectual-Yet-Idiot has a highly-inflated perception of his own intelligence, prizes pedigree, and can't understand why those he thinks are his inferiors resent his attempts to run their lives.

    https://www.lewrockwell.com/2018/01/no_author/the-intellectual-yet-idiot/

    1. Re:Yet another Intellectual-Yet-Idiot (IYI) by Anonymous Coward · · Score: 0

      The Intellectual-Yet-Idiot has a highly-inflated perception of his own intelligence, prizes pedigree, and can't understand why those he thinks are his inferiors resent his attempts to run their lives.

      ...

      Racist liberals arrogantly pattering on about "rednecks voting against their own best interests"?

    2. Re:Yet another Intellectual-Yet-Idiot (IYI) by Anonymous Coward · · Score: 0

      I never claimed to be an intellectual, but I won't apologize for noticing that it takes a high degree of stupidity to support an obvious scam artists who has clearly colluded with Russia's attack on America after laundering Russian mafia money for decades while saying "America First".

    3. Re:Yet another Intellectual-Yet-Idiot (IYI) by Anonymous Coward · · Score: 0

      ...so he should have taken the property buyer's nationality into account when making the private sale? Who is the bigot, again?

      Ivan

    4. Re:Yet another Intellectual-Yet-Idiot (IYI) by Anonymous Coward · · Score: 0

      I guess in the age of Republican treason and subservience to Russia some traitors may think it's 'racist' (lol) to notice obvious money laundering transactions.

      Should be fun to watch Moscow Donald try that defense on his way to prison.

  35. Re: UK USA by Anonymous Coward · · Score: 0

    Amen. Now can we kick the filthy Brits off the internet? It's feeling a lot like 1776 and the tea peddling lymies are sucking too much of our atmosphere. This time I say we take the metric system with us and bring back the liter instead of just redefining their pompous language.

  36. It is just APK being a retard by Anonymous Coward · · Score: 0

    It is just Alexander Peter Kowalski being a retard.
    He lashes out when people point out his BS and prove him wrong.
    He will likely go on like this for a few more days.
    He also gets mad when people rightfully point out his endless spamming.

  37. Re:UK USA by Anonymous Coward · · Score: 0

    Personally, I want judges that care about the law as written, not buffoons who legislate from the bench. I also prefer laws that don't impact civil liberties so Judges who care about the law can protect them. So you need two things here. Just laws that protect civil liberties and Judges that enforce the law.

    So, you don't want a Republic then, you want a dictatorship.

    See, the job of the judges is to ensure that the laws don't overreach and curtail other rights. Lawmakers are lazy idiots who want whatever whims they have to be law, and absolute.

    Without judges who can strike down laws that are illegal, all sorts of draconian laws would get passed. Your 'rights' would be waved away in the same of security and expedience.

    You may be stupid enough to want to live in a society where laws are absolute and the judiciary only enforces them, but that's your problem. The rest of us want to know that the courts can say "sorry, no, but you can't decree that everyone is now your slave". Because without that, that's where you'd end up.

    So, if you want to live in a country where the elected officials can re-enact slavery, do the rest of us a favour and move there. Because you can't have a free society in which any law which is passed is beyond recourse.

    That is the role of a judiciary, to act as a check and balance against tyrants, assholes, and idiots like you.

  38. another inscrutible headline by swell · · Score: 1, Informative

    EXTRA! EXTRA! READ ALL ABOUT IT!!!
    Yes, sleazy publishers have always screamed their headlines to sell newspapers. For some reason, remnants of this marketing practice continue in the internet age. It's a delicate balance; trying to appeal to the unwashed masses who have some reading ability without offending the educated reader with crass commercialism. In which group are Slashdot readers?

    "Judges Say the UK's Digital Surveillance Program Snooper's Charter Is Illegal"

    After reading that headline 4 times and failing to make sense of it, I tried to read TFS. Eventually I understood a bit more. Why Does Every Word Begin With A Capital? Let's try this again:

    "Judges say the UK's digital surveillance program Snooper's Charter is illegal"

    Now we see that 'Snooper's Charter' is a thing, and the rest are ordinary words. Notice that in this century, many forward thinking publishers no longer scream their headlines. Here are some:
    https://www.theguardian.com/wo...
    https://www.washingtonpost.com...
    http://www.miamiherald.com/new...
    http://www.chicagotribune.com/
    https://www.cnbc.com/ ...

    --
    ...omphaloskepsis often...
    1. Re:another inscrutible headline by Quirkz · · Score: 1

      "Judges Say the UK's Digital Surveillance Program Snooper's Charter Is Illegal"

      Why Does Every Word Begin With A Capital?

      It's a headline. That's how they style headlines.

      It is admittedly a dense and confusing one, and could definitely be improved. Getting rid of capital letters wouldn't be the way to do it, though.

    2. Re:another inscrutible headline by cmseagle · · Score: 1

      Why Does Every Word Begin With A Capital?

      Capitalizing the first letter of everything but articles and prepositions (under 5 letters long) is called "Title Case"

    3. Re:another inscrutible headline by Anonymous Coward · · Score: 0

      We know that.

      The fact that it has a name, doesn't make it a sensible or useful thing to do.

    4. Re:another inscrutible headline by swell · · Score: 1

      "Capitalizing the first letter of everything but articles and prepositions (under 5 letters long) is called "Title Case" [apastyle.org]"

      Oh. So that makes it right? A fossil organization from another century knows better than The Guardian and other cited publishers? Haven't you or Slashdot the wit to see beyond an archaic rule book?

      Despite the APA, every publisher has the freedom to use any title format they please (as the examples demonstrate). Many publishers (including Apple, IBM, Microsoft) create their own style guides. Presumably they actually think about such things and make decisions based upon their readership, marketing issues, readability, etc. Slashdot seems not to have done that.

      --
      ...omphaloskepsis often...
  39. UK != OK by Anonymous Coward · · Score: 0

    It's not about civil liberties. It's just that allowing the government to snoop on your data and communications constitutes a flagrant breach of international copyright laws and treaties.

  40. Re:UK USA by Anonymous Coward · · Score: 0

    And there go the goal posts again. DOn't you guys ever get tired from moving them around so much?

    I remember when it was "No Russian meetings with anyone ever!"
    Then it was "A couple of Russian meetings with one or two Trump people about nothing!"
    Then it was "OK a lot of Russian meetings with several Trump people but we didn't talk about the election!"
    Then it was "OK lots and lots of Russian meetings with many Trump people and we did talk about the election, but that isn't illegal!"
    And now we find out that it really was "OK there were a zillion Russian meetings with literally everyone around Trump, and we talked about the election, and it's all very illegal!"

  41. Re:UK USA by Anonymous Coward · · Score: 0

    I'll take that as a "No"...

  42. Nope by Anonymous Coward · · Score: 0

    The Deep State meme is a cynical ploy.

    Rather than a balance of powers as the Founding Fathers intended, Deep State arguments are intended to produce an authoritarian state where all power is vested in the political party that wins at the polls. And since there is a hierarchical organization to be won, ultimately that places all power in the hands of the President.

    In the end this (partly) recreates the system of European monarchies and the Divine Right of Kings. Yes the term of the monarch is limited by the election cycle. However think about this, even in the days of absolute monarchies, the monarch would die or become unwell, or be deposed. Even monarchs had time limits of a sort.

    You might say this is alarmist, but look at what the current President and his appointees have said and done. They continually undermine the judiciary and the agencies of government. They reward slavish loyalty; they regard independence of thought and action as betrayals. Personal betrayals! A person elected to government is supposed to have respect for the position and the institution, not view the government position as their due reward and entitlement. The government is not an ATM for enriching the successful candidate, nor is it power awarded to some kind of 1% Master Race.

    Is this what we really want? A system of 4 year dictators? Deep State fans are either stupid, ignorant of civics, or cynical and malevolent. The whole movement undermines the Constitution.

  43. Re:No Shit... by Anonymous Coward · · Score: 0

    It looks like that at least MPs data is collected by retired police officers for the perfectly legitimate purposes of gossip. Parliamentary immunity should only be relevant in terms of prosecution, not technical monitoring if the reasons of public security would really be enough for such intrusion and exception to basic and human rights. Hie have done wrong, ic say as well.

  44. Re:UK USA by Anonymous Coward · · Score: 0

    I wouldn't say that. Trump will be gone when you'll just start to feel the first consequences of Brexit.

  45. accountability by houghi · · Score: 1

    As long as there is no accountability the judge can say that gravity is illigal, as long as nothing changes and/or heads roll, it is meaningless. Most likely this just means "We change the law till ot is legal." And that is the best outcome I expect. Most likely nothing will happen.

    If you do nothing after your kid stole a cookie, besides telling it not to, he will do it again. Still no consequences? Why worry ? Take some more.

    --
    Don't fight for your country, if your country does not fight for you.
  46. Re: UK USA by Anonymous Coward · · Score: 0

    That doesn't sound too honest...

  47. "Privacy" is not a Platonic solid by hodwic · · Score: 0

    "Privacy" is not a Platonic solid. It is not a universal good. It's a catchall for any number of qualitative circumstances, any number of which can be good or bad or neutral. "Privacy" is great if you're Joe Public, and a lack of privacy would negatively and measurably effect your physical well-being. "Privacy" is an irrelevant measure if the lack thereof has no perceptible effect on your life.

    As usual, European countries are putting their abstracted absolutes before real world practicality, because apparently doing anything else is *cough* *cough* Nazism.

    Somehow, you can trust your country to have a standing military and police force, capable of stomping your lights out, imposing martial law, or nuking the entire world, yet you can't trust them to collect phone and email records to investigate terrorism and global espionage threats?

    This decision is completely bonkers.

  48. Re:UK USA by Anonymous Coward · · Score: 0

    More accurately striking down illegal laws is enforcing the laws which limit the power of the legislature. The power to write arbitrary laws is not granted to the legislature and if they overstep they have broken the law.

    If you judiciary isn't doing that than they are not enforcing the laws as written and are failing at their job by any measure.

  49. Re: UK USA by Anonymous Coward · · Score: 0

    At least is wasn't "Sold the Russians a shit-load of Uranium".

  50. Re:UK USA by Anonymous Coward · · Score: 0

    In 7 years? Yeah, get back to me on that.

  51. Re:Caught Moscow Donald committing TREASON by Anonymous Coward · · Score: 0

    The "Deep state" is such a crock on conspiracy shit; it's borderline hilarious.

    Yes, but the problem is it only has to sound truthy to the drooling knuckle draggers it's intended to sound truthy to.

    The people who want to believe the Republican agenda can't be implemented because of a 'deep state'? Those people don't want facts or truth, they want something which validates the stupid shit they believe.

  52. JUDENoid union & Jewnited states by Anonymous Coward · · Score: 0

    Jews believe this of all they call goyim/gentiles (any non-jew): Jews = biggest racists of all (for which they "jew guilt" you for no less! They're hypocrites known as thieves all thru history or were Argentines in the 1940 under Perrone, Spanish inquistion & Spain 1492 (Christopher Columbus the jew https://duckduckgo.com/?q=%22C... sailed to the US for them to create it), France (1306), Egypt (despoiled/robbed by jews), Arabs (pre & post 1948), England (1330 Edward longshanks), Romans under titus, Russia pogroms and Germany who got rid of them from their nations nazi german's too? No. Driven into DESERTS ages ago! Don't wonder why after all those exilings above. Should anyone doubt any of this see Jacob Javits' crony Rosenthal spill the beans on it https://www.youtube.com/watch?v=D4zMVZ8HnFI/ where he called all Christianity fools for helping Israel and the biggest scam of all time per their beliefs below from their Talmud. This is the province of the synagogue of Satan (Khazar/Pharisees whom Jesus Christ himself kicked to the curb out of the temple & they killed him for it. Jeremiah did the same to them also + the Essenes could not stand them either breaking away from the pharisee corruption):

    Maria Abramovic satanist spirit cooker pal of Hillary Clinton the Voodoo queen is a jew https://www.google.com/search?...

    Just like Hillary Clinton's mentor Saul Alinsky author of rules for radicals book dedicated to Lucifer

    "Most Jews do not like to admit it, but our god is Lucifer â" so I wasnâ(TM)t lying â" and we are his chosen people. Lucifer is very much aliveâ Harold Rosenthal http://www.thetruthseeker.co.u...

    Jewish rabbi openly admits to satan worship use white children's blood they kill for passover bread, infiltrating and subverting the catholic church, creating the Jesuit order https://www.youtube.com/watch?... and https://www.youtube.com/watch?...

    Barbara Spectre, a jew, tells everyone it's jews orchestrating the muslim migrant problem in Europe https://www.youtube.com/watch?v=MFE0qAiofMQ/ . No migrant raping of women in Poland. Tons in Sweden. Do the math. Use common-sense. This is to get muslims and other goyim/gentiles to wipe one another out as incompatible cultures that will clash and always have.

    Rabbi A. Finkelstein ADMITS their greatest enemies are ARABS and WHITES (blacks too) whom they wish to kill one another in a 'theater of war' which they find AMUSING https://www.youtube.com/watch?...

    Finkelstein also admits JEWS DID 9/11 https://www.youtube.com/watch?... profiting by it (and that 3,000 jews employed there did not show up for work that day knowing about it beforehand).

    Finkelstein also admits JEWS are going to destroy the U.S. Dollar and dumping it for other world currencies and gold to destroy the United States.

    George Soros who funds groups to create division in the USA?? A jew. One who sold his own jew people into death for the nazis.

    Zucker now FIRED @ CNN is another frying publicly for lying about "russians" and John Bonifield a producer @ CNN said it is bs. Van Jones did also.

    Bernie Madoff (who made off with everyone's money, especially construction union pensions) shows the thieving nature of the JUDEN!

    Eric Schmidt had to step down @ JEWgle (a jew).

  53. Re:UK USA by whoever57 · · Score: 2

    You have difficulty with facts, don't you?

    Yes, he was nominated. The fact that, after an outcry, his nomination was withdrawn does not mean that he "wasn't even nominated to be a judge?" Of course he was nominated to be judge.

    Trump has a long list of successful nominations (where "successful" means that his nomination was appointed). Yes, I don't deny that. What I do claim is that they are largely idealogues, where loyalty to Trump is the most important criteria.

    --
    The real "Libtards" are the Libertarians!
  54. Re: UK USA by Anonymous Coward · · Score: 0

    Or sold the Iranians missles.

    REMEMBER when former CIA Director and then Vice President George H. W. Bush SOLD MISSLES to sworn enemy IRAN???

    I member.

  55. Re:Caught Moscow Donald committing TREASON by Anonymous Coward · · Score: 0

    Their beef is with the foreign concept of checks and balances.

  56. Re: UK USA by DNS-and-BIND · · Score: 1

    Laws say what they say. Judges that come up with, "well, I think it says something else" are the worst kind of human trash. Slavery is slavery. Ignorance is ignorance. Strength is strength. Anyone who tells you otherwise needs to be hanged.

    --
    Shutting down free speech with violence isn't fighting fascism. It IS fascism!
  57. Re:Not really by Anonymous+Brave+Guy · · Score: 4, Informative

    Judges in the UK can't strike down statutes. The legal system here is not like the US, where the law can evolve directly through the courts as well as through legislation. Our courts are strictly there to interpret existing laws and to deal with conflicts.

    In this case, the point is that two laws were incompatible. On the one hand, we have the surveillance law, introduced by our national government. On the other hand, we have the EU human rights laws. The court here took the view that the former were in conflict with the latter, and the latter won.

    The same could potentially have happened in a post-Brexit world where those EU laws are no longer supreme, if the equivalent safeguards are transferred into our national law as part of the Brexit process. This is something that various MPs and campaign groups are promoting heavily right now, because they are sceptical about the government's preferred plan where ministers get to transfer laws but also make some adjustments to them, ostensibly for practical reasons, but without necessarily passing primary legislation in Parliament. The loss of EU-derived safeguards for human rights, employee protections and the like is the main reason for concern here.

    Of course, assuming we do leave the EU and our national law is then all we have to work with, that does mean that the elected legislature can amend those laws however they want and judges then have to rule based on the new laws. This is by design, and is part of what's called parliamentary sovereignty -- the principle that Parliament is supreme among all parts of the government and can't be overruled by the government alone, activist judges or (more historically now) other potential influences such as royalty or aristocrats.

    The potential downside of this is that, yes, they can make bad laws too. The upside is that if MPs do that, there will no longer be anywhere for them to hide. If they want to pass a law that says they can do something bad to ordinary people, they're going to have to do it in public through the mechanisms of Parliament and they're going to be accountable for it at the next general election.

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  58. Re:UK USA by bobbied · · Score: 1

    Ok, Ok.. Yep, I was mistaken..

    However, this guy is certainly NOT representative of Trump's nominees and the senate didn't just rubber stamp him, but returned the nomination to the Whitehouse where it was withdrawn. Not that his motivation was one of a political ideologue....

    So you pick the one nomination that was rejected and paint all of Trump's nominations with the same brush? This is an error of logic and lame. What about the rest of his nominations confirmed by the Senate? Care to discuss those or are you claiming they are all political hacks?

    Which of them isn't an example of the kind of judge that will uphold the law, not make their own? Because that's what I'm claiming...Unless you figure that being a constructionist makes you a political ideologue.

    --
    "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
  59. Re: UK USA by Anonymous Coward · · Score: 0

    Apparently you've never read through sites like dumblaws.com which cite many arcane laws still on the books. By your mentality, those laws should be enforced.

    You don't seem to understand how a republic/democracy, social contract, society, and or government work outside of a subscribing to ideologies nearing totalitarianism. I suppose totalitarianism can be great if you're the one in power but inevitably, those who seem to share our interests eventually diverge and then you're down a hole with nowhere to go.

  60. Re: UK USA by Anonymous Coward · · Score: 0

    It's not a lie when liberal judges always make shit up as they go to suite a political agenda. You're being disingenuous, not abnormal for a liberal zealot obsessed with change for change's sake.

  61. Re:UK USA by Anonymous Coward · · Score: 0

    Then you'd like to move to Poland or... even Turkey. The elected thugs are taking care nicely about this pesky judge thing.

    To note: it's to the judges to find out whether some just-passed $RANDOM_LAW is compatible with more fundamental laws, like the Constitution (they've learnt that, you know). And in most decent democracies, the Constitution is especially protected, e.g. requiring a bigger majority of Parliament (or perhaps a plebiscite) to change something there. That's all for a reason.

    Democracy has some complexities which seem to be beyond your simple mind, alas.

  62. Re: Caught Moscow Donald committing TREASON by Anonymous Coward · · Score: 0

    Actually given the history of deceitful GOP reports and memos, the attempt to do so again has had the opposite effect.

    We now know Trump is 200% guilty.

  63. Re: UK USA by Anonymous Coward · · Score: 0

    Personally, I want judges that care about the law as written, not buffoons who legislate from the bench.

    History shows the biggest buffoons are the ones who belive judges like Taney and Moore who claim to be following the law as they advance their own agenda.

  64. Re:UK USA by SpeZek · · Score: 1

    In other countries, judges must have a law background and are usually experience, well respected lawyers who have practiced for many years. This is to give the judge a healthy respect for how the courts work both in theory and practice.

    The purpose of the courts is not to blindly apply law; it is to provide justice. There is a difference.

    If you just want someone to read from a book and apply its teachings, you want a preacher or a priest, not a judge. Justice is all about interpretation and discretion.

    As Cicero wrote:

    True law is right reason in agreement with nature... The welfare of the people is the ultimate law.

    The strictest law often causes the most serious wrong... The more laws, the less justice.

  65. Re: UK USA by Anonymous Coward · · Score: 0

    You're right, we are showing weak growth, which, as with Brexit voters, is significantly retarded compared to our neighbours.

  66. Re:UK USA by bobbied · · Score: 1

    In other countries, judges must have a law background and are usually experience, well respected lawyers who have practiced for many years.

    All true here in the USA at the federal level. It's why the Senate has the "advise and consent" roll that they take seriously and don't just rubber stamp all nominees.

    --
    "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
  67. Re:Not really by Anonymous Coward · · Score: 0

    Human rights is a tricky one since the ECHR (European Court of Human Rights) isn't actually a part of the EU. The UK is a member of the Council of Europe of which the ECHR is a part. The EU's relationship to the ECHR is complicated as the EU doesn't want to accede control to the ECHR but notionally abides by it's 'laws'. So the Brexit process is even less clear than what you have stated as dropping out of the EU doesn't automatically drop the ECHR, but it may drop the concepts that ECHR applies from 'laws' to 'suggestions' depending on how things will be interpreted. Of course any laws passed that are EU specific will firstly be copied into national law then can be repealed/modified at leisure. Whether a law being repealed is a bad or a good thing will be on a case by case basis and obviously a matter of opinion on that particular law - can't imagine any changes will actually benefit your average joe.

    I have to wonder how many people on a survey would say the ECHR is a part of the EU - I would guess it would be close to 100%. Very little information about the architecture of the EU and Europe was gleaned during the Referendum, probably since it's so intractable it would put everyone to sleep.

  68. Re:Not really by Anonymous+Brave+Guy · · Score: 2

    Although this is true, the case we're talking about today didn't involve the ECtHR, but rather the CJEU, and wasn't based on the ECHR, but rather the EU's Charter of Fundamental Rights.

    If Brexit involves a complete separation from the EU, neither the CJEU nor the Charter will continue to apply in the UK. The ECHR would be all that was left.

    With the UK no longer a member of the EU, the one unassailable barrier to modifying the HRA and thus removing the protections of the ECHR would also be lost. It might still require national legislation to actually nerf the HRA in that way, and no doubt that would be controversial, but in any case the protections would already be weaker than they are today if the equivalent to the Charter had not been transferred into national law when Brexit happened.

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  69. Re:Not really by Aighearach · · Score: 1

    That's a bunch of hogwash where you conflate the differences in standard hyperbole chosen by politicians in the two places for actual differences. And your hyperbole is just from one political "side," too, so it is crap in multiple dimensions.

  70. Re:Arbitrary5664 = fake name massive human fail by Anonymous Coward · · Score: 0

    Go search the Ars Technica forums for "APK" and "AlecStaar". He's been doing this for 20 years.

  71. Re:UK USA by jaa101 · · Score: 1

    Our judges actually care about civil liberties.

    The judgement is based on the law, not on whether the judges care about civil liberties. In this case it's the EU law that's protecting civil liberties; without that law and the outcome would have been very different, however pro-civil-liberties any judges were. In other words, the EU cares more about civil liberties than does the UK.

    You buffoons elected Trump. LOL

    You buffoons voted for Brexit. The consequences of that are going to be much more nasty for you, immediate, and definitely attributable to your vote than the Trump presidency will be for Americans. One of the consequences will be that the UK will be able to legislate away the civil liberties mandated by the EU.

  72. Re:Not really by Uberbah · · Score: 1

    Judges in the UK can't strike down statutes. The legal system here is not like the US, where the law can evolve directly through the courts as well as through legislation. Our courts are strictly there to interpret existing laws and to deal with conflicts.

    I see some pedantry, but where is the distinction or the difference? Courts here rule that XYZ state statute is overruled by ABC federal law, or that federal law conflicts with the Constitution all the time.

  73. Re:Not really by Anonymous+Brave+Guy · · Score: 1

    The following are related but distinct: two statute laws are in conflict and a court must decide how to balance them, a statute law conflicts with a higher law (such as a written constitution) and automatically loses, and the effect of a statute law is changed over time by case law.

    It's a question of how much a precedent is worth. In some legal systems, as I understand it, case law can eventually become strong enough to override the statutes from which it originated, thus allowing the law as a whole to evolve in the courts. In other legal systems, the original statutes are immutable and always have priority, and no matter how much case law accumulates, it is only ever a guide to interpreting the original legislation.

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  74. Re:Not really by Anonymous+Brave+Guy · · Score: 1

    I honestly have no idea what you're talking about. If you're interested in a sensible discussion and not just trolling and/or reading your personal political views into someone else's post when they aren't there, feel free to clarify.

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  75. APK has never won in his life. by Anonymous Coward · · Score: 0

    Poor old APK is projecting his own faults, and continues with his delusion that he has ever won any debate, just a pathetic fatass virgin in Moms basement, spewing lies and hate. Sad.

  76. Re:UK USA by Maritz · · Score: 1

    "patriotic american"

    Hahaha, you can say that with a straight face while Donnie won't pull his tongue out of Dear Leader Putin's ass? Quite the 'patriot' you have there.

    --
    I do not want your cheap brainburning drugs. They are useless for work. And I am a working man today.
  77. Re:Not really by Aighearach · · Score: 1

    That's a very weird construct, "trolling, or having an unauthorized opinion."

    Are you ever gonna stop beating your wife?

  78. Excuse the troll impersonating me by Anonymous Coward · · Score: 0

    I've got an unidentifiable stalker (months of it now) impersonating me too all due to my blowing him away here https://news.slashdot.org/comments.pl?sid=11679505&threshold=-1&commentsort=0&mode=thread&pid=56039569/ with fact & truth!

    I.E. - He constantly stalks me & keeps telling me he's "so great" in security & writes 'real securityware' & has 'secured systems for 21 yrs' (I've not only done it longer but also write wares FOR SECURITY that others here like & use too praising its quality & efficacy)!

    YET WHEN I ASK HE PROVE HIS BS, he RUNS every single time (hence his 'butthurt' childish impersonating me & more).

    * Being reduced to impersonating me in every article on /. (in some attempt to make others 'not like me' (big deal - I'm not here to 'comfort people' OR win a popularity contest (that's for FAKEBOOK fools) by him quoting something I wrote AmiMojo (which was due him/her for wisecracks) is all ANYONE NEEDS TO SEE to evidence his childish butthurt antics.

    That & my post link above that 'set him off' (rightfully so - I ask my stalker merely back up his BLOWHARD bluster (& he can't, lol)).

    APK

    P.S.=> Just stating facts with proof I can provide to back them up... apk