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It's not about him being unfairly persecuted. He probably did deserve what happened to him, but the story is about what leverage the NSA has to strong arm companies into designing backdoors into their technology. The fact alone that they waited until he said no to one of their schemes to prosecute him is telling enough. The victim in this case doesn't matter as except to highlight who is being targeted and coerced by the Government and into what.
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# ? Dec 22, 2013 00:06 |
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# ? Apr 29, 2024 06:24 |
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shrike82 posted:Yeah, I'm sure the CEO who got charged with insider trading was being unfairly persecuted... The one's you've got to watch out for are the ones that haven't been charged with insider trading.
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# ? Dec 22, 2013 00:47 |
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GrizzlyCow posted:It's not about him being unfairly persecuted. He probably did deserve what happened to him, but the story is about what leverage the NSA has to strong arm companies into designing backdoors into their technology. The fact alone that they waited until he said no to one of their schemes to prosecute him is telling enough. The victim in this case doesn't matter as except to highlight who is being targeted and coerced by the Government and into what.
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# ? Dec 22, 2013 06:01 |
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Misogynist posted:Not to mention that the entire reason they probably got wind of his insider trading was by digging through his communications for dirt once he pissed them off. I'd actually be a lot more okay with this NSA poo poo if hundreds of CEOs got prosecuted in this way.
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# ? Dec 22, 2013 08:32 |
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Here's an article from the former head of security at Ben Gurion airport in which he tears apart the TSA. It's actually a reflection of the US national security apparatus as a whole (poor inter-department communication, lobbying based on greed and not expertise, dragnetting over HUMINT): http://www.cracked.com/blog/7-reasons-tsa-sucks-a-security-experts-perspective/ VVV Yes, I'm lost as to why he chose Cracked and not the NYTimes. Edit: Apparently Rafi has written/been noted in similar articles for Mother Jones and, yes, the NYTimes. I think he's just going to anyone who will listen. America Inc. fucked around with this message at 09:22 on Dec 22, 2013 |
# ? Dec 22, 2013 08:48 |
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Negative Entropy posted:Here's an article from the former head of security at Ben Gurion airport in which he tears apart the TSA. It's actually a reflection of the US national security apparatus as a whole (poor inter-department communication, lobbying based on greed and not expertise, dragnetting):
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# ? Dec 22, 2013 08:58 |
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Thanqol posted:I'd actually be a lot more okay with this NSA poo poo if hundreds of CEOs got prosecuted in this way.
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# ? Dec 22, 2013 16:53 |
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Misogynist posted:This post isn't creepy at all. Hey, their means are all right, it's just the ends that need working on.
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# ? Dec 22, 2013 16:55 |
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Mister Fister posted:I can't even comprehend selling out your customers and risking your entire business for a paltry 10 million dollars, there has to be more to that story about the RSA
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# ? Dec 22, 2013 21:08 |
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GrizzlyCow posted:There is the Trusted Platform Module. I'm not a computer guy, but there seems to be concerns about the TPM being able to control what you install on your computer and other stuff. We already know that the NSA spread malware to computers, so maybe they are taking advantage of this technology too? Microsoft is demanding all Windows computers sold in 2015 and onwards use TPM 2.0, and Microsoft is a known collaborator with the NSA. TPM isn't really aimed at home consumers, it's intended for corporate or government environments. Plus, there are a lot of PC motherboards that offer TPM support, but the actual TPM module is sold separately. Is TPM going to let General Alexander push a button on the bridge of the NSA Enslaver and break all of your non-approved programs? No. Is TPM going to give your IT department headaches when some poorly-written program or cheaply-made component causes TPM to flip out and refuse to allow something to work? Probably not, unless you actually work in an office or company where computer security is very important and actually treated accordingly; otherwise even the big-brand OEM boxes you work with probably don't even have TPM modules.
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# ? Dec 22, 2013 22:49 |
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What about Intel AMT and similar standards? They exist on any consumer-grade laptop or desktop system and allow full control of a machine remotely.
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# ? Dec 23, 2013 05:36 |
So the "Report and Recommendations of The President's Review Group on Intelligence and Communications Technologies" (link Dec 12th) appeared and there is a lot of incredibly interesting stuff in here. All the online media seems to only read the first half of Recommendation 5 and report that they recommend the end of "meta-data" storage when that is absolutely not the case. Recommendation 5 on page 25 posted:We recommend that legislation should be enacted that terminates the storage of bulk telephony meta-data by the government under section 215, and transition as soon as reasonably possible to a system in which such meta-data is held instead by private providers or by a third party. Access to such data should be permitted only with a section 215 order from the Foreign Intelligence Surveillance Court... The other thing that I thought was super weird was on page 37 where they say under certain circumstances the US policy should authorize the use of zero day exploits for intelligence collection. So full steam ahead with offensive hacking I guess?
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# ? Dec 23, 2013 16:27 |
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Chunjee posted:
Or does it mean that the telcos can retain the data and the government would need a warrant to access it?
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# ? Dec 23, 2013 17:33 |
Ok so the CIA uses Amazon for their infrastructure, it should be safe to assume they would not both get service from the same provider; if they even act on this recommendation anytime in the future.
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# ? Dec 23, 2013 19:01 |
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The recommendations from the board were actually pretty broad, although it's becoming increasingly clear that the ones that are most likely to be actually acted upon are the most irrelevant. Holding the databases at a private third party? What a great way to funnel more natsec dollars into the private sector while accomplishing literally nothing whatsoever!
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# ? Dec 23, 2013 20:27 |
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Chunjee posted:Ok so the CIA uses Amazon for their infrastructure, it should be safe to assume they would not both get service from the same provider; if they even act on this recommendation anytime in the future. Huh?
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# ? Dec 23, 2013 21:22 |
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The Washington post has a new article from a good interview with Edward Snowden reflecting on the past 6 months.
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# ? Dec 24, 2013 06:13 |
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A while back we had a thread on Google Glass. One of the things that the skeptics dismissed as utterly ridiculous was real-time facial recognition for augmented reality. And sure enough within six months of that thread:quote:Since the first demonstration of the plausible future abilities of Google Glass, instant facial recognition has been one of the most exciting ideas in the pipeline. According the the development group Facial Network, the time for real-time facial recognition through Google Glass is coming a lot sooner than we originally expected. This isn't an app developed by Google, it's a 3rd party developer group - they've gone and done it first! Coming soon to a portable computing device near you. Obviously there's massive privacy concerns from this, but it's a pretty obvious and inevitable application of the technology. Just the stream of metadata from this would be enormously intrusive. It would be a huge honeypot for government surveillance among other things. Paul MaudDib fucked around with this message at 17:43 on Dec 24, 2013 |
# ? Dec 24, 2013 17:35 |
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Edward Snowden is giving this years alternative christmas message http://www.theguardian.com/world/2013/dec/24/edward-snowden-channel-4-christmas-day-message?CMP=twt_fd . Im not sure how well this is known outside the UK but there is a tradition here where the Queen does an annual speech on christmas day, broadcast around the time most families are sitting down for their christmas dinner. In 1993 channel four started broadcasting an alternative christmas message at the same time, usually something quite provocative and attention grabbing and is still surprisingly quite controversial to this day (last year or the year before was Mahmoud Ahmadinejad). Anyway it appears to be the first video interview of Snowden since he got to Russia so it should be quite interesting. The previous years are all on youtube I think and are worth checking out. Theyve had a soldier who lost a limb in Afghanistan, Marge simpson and a model who's career was ruined when she got attacked with acid in the last few years as well.
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# ? Dec 24, 2013 18:04 |
I wonder which networks will broadcast it in the United States?
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# ? Dec 24, 2013 19:03 |
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ANIME AKBAR posted:I wonder which networks will broadcast it in the United States?
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# ? Dec 24, 2013 19:07 |
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Mister Fister posted:I can't even comprehend selling out your customers and risking your entire business for a paltry 10 million dollars, there has to be more to that story about the RSA It might not have been an actual quid pro quo for a backdoor: the NSA could have just given them the money to use it without telling them why, or they could have lied and said it was more secure than everyone realized--after all, when they tinkered with DES it raised everybody's eyebrows, but it turns out they really did make it stronger instead of weaker. Of course that doesn't mean what RSA did was legitimate (and the algorithm was considered suspect even before it was confirmed to be backdoored).
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# ? Dec 25, 2013 03:34 |
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eSports Chaebol posted:It might not have been an actual quid pro quo for a backdoor: the NSA could have just given them the money to use it without telling them why, or they could have lied and said it was more secure than everyone realized--after all, when they tinkered with DES it raised everybody's eyebrows, but it turns out they really did make it stronger instead of weaker. Of course that doesn't mean what RSA did was legitimate (and the algorithm was considered suspect even before it was confirmed to be backdoored). Maybe that justifies the inclusion of DUAL_EC_DRBG in the software, but it certainly doesn't explain why it was the default. You have to view this in the context of "everyone in 2007 knew that DUAL_EC_DRBG was broken as poo poo, and setting it as default was a gigantic puzzler even at the time". Here's RSA's CTO making poo poo excuses for why they did it: quote:In today's news of the weird, RSA (a division of EMC) has recommended that developers desist from using the (allegedly) 'backdoored' Dual_EC_DRBG random number generator -- which happens to be the default in RSA's BSafe cryptographic toolkit. Youch. If the NSA told them it was stronger, it would have been super easy to just say that. With that statement, he pretty much just blew his one chance to give us a good reason. You can even go back to 2007 and read Schneier's blog where he's wondering why in the world RSA would set that as the default when it's broken as poo poo, slow, and has a detectible skew in its outputted random numbers: quote:Random numbers are critical for cryptography: for encryption keys, random authentication challenges, initialization vectors, nonces, key-agreement schemes, generating prime numbers and so on. Break the random-number generator, and most of the time you break the entire security system. Which is why you should worry about a new random-number standard that includes an algorithm that is slow, badly designed and just might contain a backdoor for the National Security Agency. This wasn't a situation of "eh, pretty much a tie, let's go with DUAL_EC_DRBG", it was known to be "do not use under any circumstances" level bad by any crypto professional. In hindsight it makes total sense why they did it: cash monies. e: I was a little off in my timing, the deal took place before some of the concerns about the PRNG were published. However, once the concerns were published in 2006 and 2007 RSA still retained it as their default, which is a loving stupid move. It's possible the NSA was twisting their arm not to disclose or alter the deal, since it would have disclosed that for some reason the NSA was particularly interested in making sure people used this particular generator. An analysis of the timeline is here. Paul MaudDib fucked around with this message at 07:41 on Dec 25, 2013 |
# ? Dec 25, 2013 05:22 |
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Paul MaudDib posted:Coming soon to a portable computing device near you. Obviously there's massive privacy concerns from this, but it's a pretty obvious and inevitable application of the technology. Just the stream of metadata from this would be enormously intrusive. It would be a huge honeypot for government surveillance among other things. if a google glass app can do this now, governments have already been doing it for 2 years plus.
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# ? Dec 25, 2013 21:46 |
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Another ruling on NSA collection, but this one takes the other side:CNN posted:(CNN) -- The National Security Agency notched a much-needed win in court, after a series of setbacks over the legality and even the usefulness of its massive data collection program. Guessing this is going to end up with SCOTUS at some point in the near term?
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# ? Dec 27, 2013 18:30 |
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B B posted:Another ruling on NSA collection, but this one takes the other side: He mentions 9/11 a bunch in his ruling. Sad that all you have to do is invoke that and people still jump. EDIT: Hell go back to 1920 and scream anarchists you get the same response. Then fascist, then commie, then terrorist. Worrying that the labels are getting even more generic, even when communist was distorted beyond recognition during the Cold War. Aurubin fucked around with this message at 18:57 on Dec 27, 2013 |
# ? Dec 27, 2013 18:45 |
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B B posted:Another ruling on NSA collection, but this one takes the other side:
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# ? Dec 27, 2013 21:11 |
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Aurubin posted:He mentions 9/11 a bunch in his ruling. Sad that all you have to do is invoke that and people still jump. Even better his ruling cites the threat by Al Qaeda even though the whole concept was mainly a US invention.
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# ? Dec 28, 2013 01:33 |
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Andrea Peterson, the Washington Post's tech policy reporter, highlights a truly bizarre part of Judge Pauley's ruling:ACLU v. Clapper posted:Regarding the statutory arguments, there is another level of absurdity in this case. The ACLU would never have learned about the section 215 order authorizing collection of telephony metadata related to its telephone numbers but for the unauthorized disclosures by Edward Snowden. Congress did not intend that targets of section 215 orders would ever learn of them. And the statutory scheme also makes clear that Congress intended to preclude suits by targets even if they discovered section 215 orders implicating them. It cannot possibly be that lawbreaking conduct by a government contractor that reveals state secrets—including the means and methods of intelligence gathering—could frustrate Congress’s intent. To hold otherwise would spawn mischief: recipients of orders would be subject to section 215’s secrecy protocol confining challenges to the FISC, while targets could sue in any federal district court. A target’s awareness of section 215 orders does not alter the Congressional calculus. The ACLU’s statutory claim must therefore be dismissed. Washington Post posted:Pauley is essentially saying that the targets of the order have no recourse to challenge the collection of their personal data because Congress never intended for targets to ever know that they were subject to this sort of spying. And that the fact that everyone knows about it now, thanks to Edward Snowden, doesn't change the targets' ability to challenge the legality of the order. I'm no legal expert, so anyone's free to correct me, but this logic seems incredibly disturbing from a layperson's perspective. All Congress need do, apparently, is imply an intent for part of a law to be secret and/or impossible to legally challenge, and it becomes impossible to adjudicate that section. And all the government need do is have a non-governmental entity collect data in order to collect the data itself without any threat of legal challenges. On top of all this, there were members of Congress who attempted to protest the interpretation of Section 215 but couldn't fully do so for fear of legal repercussions, thereby ensuring that Congress's "intent" is unilaterally interpreted. This, of course, is merely one paragraph of an unbelievably awful ruling that makes me more and more furious the more and more of it I read. I know some of you have already mentioned what's in it, but for the sake of highlighting just how awful it is, I'm going to type out the final three paragraphs of the ruling below, with my own highlights added: ACLU v. Clapper posted:There is no evidence that the Government has used any of the bulk telephony metadata it collected for any purpose other than investigating and disrupting terrorist attacks. While there have been unintentional violations of guidelines, those appear to stem from human error and the incredibly complex computer programs that support this vital tool. And once detected, those violations were self-reported and stopped. The bulk telephony metadata collection program is subject to executive and congressional oversight, as well as continual monitoring by a dedicated group of judges who serve on the Foreign Intelligence Surveillance Court. Reinterpreted by some sarcastic judgment of my own:
This is, of course, only the tip of the 54-page iceberg. If I'm reading the ruling even the slightest bit right, I'm genuinely disgusted. While the media seems to be already coming to the conclusion that the ruling is just an indication that the Supreme Court will decide it all, this kind of twisted legal logic could just as easily show up there as well. Pieces like Andrea Peterson's need to be hammering every paragraph of this ruling as much as possible, or that logic will only be tacitly legitimated.
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# ? Dec 28, 2013 06:59 |
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I hope you're all ready for a good loving courtesy of Scalia
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# ? Dec 28, 2013 08:42 |
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Combed Thunderclap posted:I'm no legal expert, so anyone's free to correct me, but this logic seems incredibly disturbing from a layperson's perspective. All Congress need do, apparently, is imply an intent for part of a law to be secret and/or impossible to legally challenge, and it becomes impossible to adjudicate that section. And all the government need do is have a non-governmental entity collect data in order to collect the data itself without any threat of legal challenges. On top of all this, there were members of Congress who attempted to protest the interpretation of Section 215 but couldn't fully do so for fear of legal repercussions, thereby ensuring that Congress's "intent" is unilaterally interpreted. I've got a bigger post upcoming on the differences between Leon's ruling and Pauley's ruling as well as some broader thoughts, but to address these swiftly-not much more than an interested layperson myself: Congress was pretty clear with their intent that this collection and these searches be held secret from the target (hardly novel-it's common in nearly any surveillance situation-the target knowing that they are being surveilled would likely change behavior as well as jeopardize other elements), and the excerpt Peterson describes is both rather straightforward and pretty easily misunderstood (often, from browsing the web, in a manner that casts negative light on Pauley and his decision): It would be ridiculous to suggest that Snowden obtaining and releasing documents in the manner that he did in some way changes or invalidates what Congress intended when reauthorizing the program. With regards to government needing a nongovernmental entity to collect data in order to get it themselves, that is correct. The principle involved is not, in itself, controversial. EDITED TO CLARIFY: The third party rule states that information loses its 4th amendment protection-the party involved loses the expectation of privacy-when it is willingly transmitted to a third party For example: Person A has no expectation in privacy regarding information he transmits to Person B when he knowingly and willingly involves Person C in that conversation. The application of the third party doctrine to the NSA's program (and for some, to the modern age in general) is tremendously controversial and frankly, the best shot at getting the program ruled unconstitutional. Regarding the Congressmen, they have a very powerful toolbox at their disposal when it comes to modifying, protesting or changing the interpretation of statutes. Writing briefs to the court is only in rare occasions one of those tools. If they feel that they are being coerced into silence, they have an even more powerful set of tools in order to investigate and punish those involved. As far a public citizen being allowed to challenge the collection and query of their data, it returns to the third party doctrine. Verizon (person C) has been keeping logs of calls for decades. As Person A willingly allowed Verizon to track this metadata as a part of their Terms of Use and Contract, they lack standing under the laws Pauley discusses to challenge the government subpoenaing Verizon's company records... because while they relate to the citizen, they are owned by Verizon. They would almost certainly have standing (after the fact) for challenging the next steps (linking the phone number to their identity, using that information to blackmail, harass, charge or coerce the individual), as the requirements for cause to move that process down the chain increase with each step. quote:Reinterpreted by some sarcastic judgment of my own: In order- 1: The court is not generally in the business of litigating based on hypothetical, unrealized future harm (see: Most of the dismissals regarding the PPACA). The cases of misuse and abuse mentioned by Pauley do not, in his mind, rise to the level of justifying the ACLU's claim of having a chilling effect on potential clients and whistleblowers. In what I've seen as the most oft-cited cases of abuse (NSA agents stalking former/current romantic partners), I do not believe (nor does Pauley) the misuse would cause a reasonable person to believe that his/her call records will be used by the federal government in order to prevent whistleblowing or to identify and retaliate afterwards. As such, the ACLU lacks standing to challenge the program as they have not been harmed by it. The logic for getting through that path is far from twisted, even if you disagree with any of the specific assertions. 2: Yes. That's accurate. Congress has determined that the secret courts and sealed/classified rulings are necessary to protect National Security. Constitutionally, the creation of such courts tend to be considered one of the powers of the legislative branch. The relevant check involved is action by the electorate. Unless I've missed something substantial, the courts, their proceedings and their rulings are secret/sealed/classified/what have you... the legislation creating them and describing their general duties is public. That there is something inherently unconstitutional about a sealed/secret court or their rulings would be a fairly fringe interpretation. 3: Again, you're actually pretty accurate in your interpretation, though I get the feeling we diverge on what you take from that. The act of creating the database and the means of collection covered by this case are both legal and constitutional under present law (I'd suggest following up on the relevant footnotes from Pauley-summaries of essentially all of his cited cases are available, if occasionally arcane)-it'd take a novel interpretation to change that. The (relatively) open question is what the NSA is legally and/or constitutionally allowed to do with this data, and that is where the seeds, queries, hops and additional identifying information come in. That is a separate matter from what you listed. 4: The court rarely issues rulings based on the potential for harm. It is why the US court system has the concept of Standing, and why it refuses to issue advisory rulings. Citing terror attacks and civil liberties is likely meant to serve as "harm prevented" (or Harm attempting to prevent) contrasted against "harm caused". Best as I can gather from Pauley, the prevented harm has been realized in the past and does not allow for remedies for those impacted. Relevant harm has not been caused by the program, and in a future situation where such harm may occur, the citizen has various remedies to be made whole. Hopefully that helps broaden your understanding of the logic and reasoning behind the segments you are disgusted by. There is certainly room to disagree on many of those factors, but I find them less onerous and more understandable with broader context on the applicability (harm done to ACLU, Klayman, et al) and the legal system generally. Geoff Peterson fucked around with this message at 09:00 on Dec 28, 2013 |
# ? Dec 28, 2013 08:47 |
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quote:There is no evidence that the Government has used any of the bulk telephony metadata it collected for any purpose other than investigating and disrupting terrorist attacks. This is an absolute demonstrable lie unless you restrict it to solely America-to-America calls and/or you believe that there were terrorists in the Merkle government, the Belgian hospital system, Petrobras, the Spanish banking system, etc, etc, etc.
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# ? Dec 28, 2013 15:44 |
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Glenn Greenwald delivered the keynote at CCC yesterday, and it's online now: https://www.youtube.com/watch?v=17e-eqTiI2E Really well put; during the Q&A after his speech he was asked what the goal of this all was for the NSA, to which he responded plainly, they want power. He mentioned the NSA spying on airlines that provide internet access in-flight. He also said "there are a LOT more stories to come and a LOT more documents we'll publish." e: What are you hoping to accomplish with this post? Broken Machine fucked around with this message at 22:15 on Dec 28, 2013 |
# ? Dec 28, 2013 22:05 |
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Forums Terrorist posted:I hope you're all ready for a good loving courtesy of Scalia Thomas will, of course, sleep through the arguments and then write a short "s'all good man" concurrence.
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# ? Dec 28, 2013 23:06 |
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Combed Thunderclap posted:
I wonder how terrorist attacks endanger civil liberties.
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# ? Dec 29, 2013 00:16 |
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Broken Machine posted:What are you hoping to accomplish with this post? Thunderclap seemed to be misreading elements of Pauley-especially with regards to the distinction being made between legality questions and constitutionality questions, and possibly had a misunderstanding of the role of the judiciary insofar as advisory opinions go ("This isn't being abused yet [with regards to the specific claims made by ACLU], but it could be"). To the extent that those matters could be cleared up, I was attempting to provide further insight. Do you have any issues with the legal analysis contained within?
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# ? Dec 29, 2013 00:32 |
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Geoff Peterson posted:... No, other than that it seems pointless. I mean, the court decisions are generally going to reflect the desires of power, and they're going to justify whatever they want to using whatever specious logic they'd like. Mostly I was just wondering what you would say.
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# ? Dec 29, 2013 00:57 |
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Broken Machine posted:No, other than that it seems pointless. I mean, the court decisions are generally going to reflect the desires of power, and they're going to justify whatever they want to using whatever specious logic they'd like. Mostly I was just wondering what you would say. The inclusion of "generally" above allows one to handwave away this millennium's "Desires of power" is incredibly vague as well. I find it difficult to believe that the "desires of power" were reflected in both Shelby County (VRA) and NFIB (PPACA) for instance-unless "power" refers the white conservative power structure in the former and the Administration in the latter (but explicitly not in the former). And that says nothing of Fisher v UT-A (Affirmative Action) where I imagine the country would be split nearly in half regarding what the "desires of power" (the reverse discrimination goal of the liberal elite or the expectation of special treatment by the photogenic white girl) were in the case-each side regarding themselves as the oppressed underdog. The sentiment-which I've seen here and elsewhere and do not mean to single you out for-appears to be the privacy advocate's equivalent of the conservative's "judicial activism" rallying cry- with all the attendant vacuousness. Unless, I suppose, "Desires of Power" is intended to mean the accepted interpretations of legitimately passed legislation by a duly elected Congress, viewed through the prism of controlling precedent regarding constitutional matters. If that was your intent, then... yes? Geoff Peterson fucked around with this message at 04:43 on Dec 29, 2013 |
# ? Dec 29, 2013 04:22 |
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Geoff Peterson posted:The inclusion of "generally" above allows one to handwave away this millennium's Kyloo (evidence obtained via warrantless thermal imaging is inadmissable), Jones (Placement and monitoring of a GPS device on a vehicle constitutes a search) and Florida v Jardines (a drug dog sniffing the front door of a home is a search requiring warrant)-among others, limiting the options of the those with "power". I agree with the vagueness of the ACLU's argument. It was the same problem with Amnesty v. Clapper. But the court tried to hedge the fence by saying that DoJ had to inform defendants of warrantless wiretapping. They got around that through parallel construction, as the Reuters DEA article showed. The real problem, as it always has been, is reconciling Smith v. Maryland and Section 215. Virtually all communication is now handled through a third party. That renders the Fourth Amendment virtually useless in the digital age, but the only way to gain standing according to the Roberts court is if the government tells you you have standing. I imagined they chose to inform Mohamed Mohamud as his case doesn't exactly speak to government overreach. The problem is one of vague sentiment, I agree, but it's a sentiment I share. At the same time, ubiquitous, continuing surveillance is generally seen as abhorrent in retrospective, if not in the present. It's why groups like the Stasi are reviled. To wit, France's legislature recently passed a resolution to allow real time internet monitoring without judicial review. The disconnect between cases like Jones and Smith is that communication, while protected on paper in the US, is harder to translate into concrete support like physical monitoring is. It's a lot harder to dissent when your every word is being potentially monitored. It's also hard to convince people of the necessity for dissent. I really just don't understand how Smith and the FISC's interpretation of 215 stands up in the digital era without eradicating the Fourth Amendment as it applies to "papers and effects". But I'm a kook, as has been established. I'm also a biologist, not a lawyer, so there's that too.
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# ? Dec 29, 2013 05:10 |
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# ? Apr 29, 2024 06:24 |
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Geoff Peterson posted:"Desires of power" is incredibly vague as well. I find it difficult to believe that the "desires of power" were reflected in both Shelby County (VRA) and NFIB (PPACA) for instance-unless "power" refers the white conservative power structure in the former and the Administration in the latter (but explicitly not in the former). And that says nothing of Fisher v UT-A (Affirmative Action) where I imagine the country would be split nearly in half regarding what the "desires of power" (the reverse discrimination goal of the liberal elite or the expectation of special treatment by the photogenic white girl) were in the case-each side regarding themselves as the oppressed underdog. By desires of power, I meant the group of people or organizations that broker influence on our, and other, governance systems. The elites who peddle influence and make decisions that affect your life; upper management in business and government deciding what directions to move society, people working for intelligence agencies to develop these control systems and spread disinformation - in other words, assholes. With respect to the surveillance state, and other contentious issues, you see serious divides in different factions of those power brokers; for example how close the Amash amendment came to passing, or the Citizens United decision which in Obama's words "reversed a century of law". Not all assholes are pleased with the way things are, but more support it than not. And so yes, I believe that the desires of power were met in both of your cases. You're right that many issues are split fairly evenly. In a lot of cases, it'd be great if Congress actually passed the laws that assholes wanted, rather than let assholes backdoor it through the judiciary. What I was driving at though is that it seems daft to me to try to understand the legal reasoning that assholes use to justify the decisions assholes make. It's window dressing. If we passed a law or court decisions that required all citizens to be implanted with rfid chips, and the court later justified it with the commerce clause, who cares? Since you mentioned privacy advocates, how do you feel about the surveillance? I liked one of the points Greenwald touched on during his keynote - that privacy is quickly becoming a privilege of the rich, and a dead letter for the rest.
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# ? Dec 29, 2013 17:47 |