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House and Senate Reject E-mail Surveillance 260

vena writes "The Star Tribune reports the House and Senate today agreed not to allow email surveillance of American citizens proposed by the Total Information Awareness program. Additionally, negotiators agreed to halt all future funding on the program without extensive consultation with Congress."
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House and Senate Reject E-mail Surveillance

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  • "Hey, bob, this thing we all swore to uphold, are they serious?"

    How much you want to bet this gets tacked on to the next "patriot" style bill?
  • by cjustus ( 601772 ) on Wednesday February 12, 2003 @06:09PM (#5291033) Homepage
    On that note... You can get your cool clothes [cafeshops.com]... Any proceeds beyond the basic cost of each product will be donated to the American Civil Liberties Union.
  • Not quite over yet (Score:5, Interesting)

    by DalTech ( 575476 ) on Wednesday February 12, 2003 @06:13PM (#5291067)
    From what I read in the article, the house and senate have voiced oposition. But it goes on to say, "The only obstacles to the provision becoming law would be the failure of the conferees to reach agreement on the overall spending bill in which it is included, or a successful veto of the bill by President Bush." Looks as if it could still go through.
  • by xyzzy ( 10685 ) on Wednesday February 12, 2003 @06:14PM (#5291072) Homepage
    Well, whether it can or can not is rather open to interpretation, unlike the IRS, which can freely snoop into people's privacy (!!!)
  • Re:Double standards (Score:4, Interesting)

    by aengblom ( 123492 ) on Wednesday February 12, 2003 @06:15PM (#5291084) Homepage
    In most of the world we call different standards for different classifications "different standards".

    Not double standards.

    The double standard is if Britain watches over the U.S. similarly and then we "exchange" the information about each other's population
  • Ummm, what? (Score:2, Interesting)

    by DaytonCIM ( 100144 ) on Wednesday February 12, 2003 @06:28PM (#5291177) Homepage Journal
    Lt. Cmdr. Donald Sewell, a Pentagon spokesman, defended the program, saying, "The Department of Defense still feels that it's a tool that can be used to alert us to terrorist acts before they occur." He added, "It's not a program that snoops into American citizens' privacy."

    *cough* Bull$hit *cough*

    Of course it "snoops" into American citizens' privacy, that's the primary mission of DARPA and TIA.

    It's like saying the gun I'm pointing at you won't kill you.
  • by mark-t ( 151149 ) <markt.nerdflat@com> on Wednesday February 12, 2003 @06:34PM (#5291206) Journal
    From the article...
    The program could be employed in support of lawful military operations outside the United States and lawful foreign intelligence operations conducted against non-U.S. citizens.
    I'm a little fuzzy on what "lawful" military operations could possibly mean... Almost any military operation would be illegal in a country that it was being performed upon. For example, in countries that offer their citizens a right to privacy and security of person, I can't see how something like this *would* be legal in those countries.

    I have a middle-eastern last name, does that mean I'm going to be watched?

    I would say more, but I'm liable to start on a rant that could start a whole mess of arguments I'm not interested in pursuing.

  • not too sure... (Score:5, Interesting)

    by vena ( 318873 ) on Wednesday February 12, 2003 @06:40PM (#5291246)
    i was under the impression that you cannot prosecute people for acts committed before they were made a crime. anyone have any info on that?
  • by Timesprout ( 579035 ) on Wednesday February 12, 2003 @06:43PM (#5291278)
    but this acticle only says a provision has been made that the surveillance information is not to be used against American Citizens and the bill is likely to pass unless Bush vetoes it or the spending is not approved.

    The only obstacles to the provision becoming law would be the failure of the conferees to reach agreement on the overall spending bill in which it is included, or a successful veto of the bill by President Bush.

    Is therefore safe to assume the Pentagon feels entitled to surveil the rest of the worlds population on the off chance they may spot a terrorist at some point ? I'm not trying to flame here but the article seemed a little short on fact and I am unclear as to the levels of surveillance the bill supports in its current form. If I understand it the overall plan has not actually been killed, just subjected to more congressional oversight and currently exempts American Citizens
  • by hether ( 101201 ) on Wednesday February 12, 2003 @06:45PM (#5291289)
    According to a slightly more inclusive NYTimes article [nytimes.com] I read on this earlier today, one of Iowa's senators - Charles Grassley - co-sponsored the bill. I wrote him a letter this morning thanking him for it. It's the first time ever I've felt like I had a reason to do so.

    I appreciated his quote from the article,

    "Protecting Americans' civil liberties while at the same time winning the war against terrorism has got to be top priority for the United States. Congressional oversight of this program will be a must as we proceed in the war against terror. The acceptance of this amendment sends a signal that Congress won't sit on its hands as the TIA program moves forward."
  • WHAT THE FSCK? (Score:4, Interesting)

    by Eric_Cartman_South_P ( 594330 ) on Wednesday February 12, 2003 @06:45PM (#5291295)
    So the US Government can't tap e-mails of suspected terrorists, but the RIAA can drag you into court just because they say they have a .txt file to "prove" you downloaded stuff.

    Greeeeeeeeeeat. I LUV this country.

  • Re:WHAT THE FSCK? (Score:3, Interesting)

    by praksys ( 246544 ) on Wednesday February 12, 2003 @06:53PM (#5291353)
    So the US Government can't tap e-mails of suspected terrorists...

    Not quite, it just means that they still need to get search warrants before they start reading their e-mail (inside the US anyway - once it leaves the US it's fair game for the NSA).
  • by skirch ( 126930 ) on Wednesday February 12, 2003 @06:55PM (#5291364) Homepage
    I hope this doesn't mean that they're going to stop cranking out creepy logos!

    http://www.computerbytesman.com/tia/ [computerbytesman.com]

    (Link for creepy logo only! Well, the cached pages are kind of interesting too.)

  • Americans ?! (Score:5, Interesting)

    by Anonymous Coward on Wednesday February 12, 2003 @07:01PM (#5291413)
    House and Senate negotiators have agreed that a Pentagon project intended to detect terrorists by monitoring e-mail and commercial databases for health, financial and travel information cannot be used against Americans

    So, American agencies have some limitations on how they may spy on American citizens. Likewise UK agencies may not spy on UK subjects. Fair enough, until those two agree to swap notes, so US spies on Brits (freely and legally) and the Brits spy on the yankees (freely and legally).

    I think we need some international treaty, on the level of the Geneva convention, that limits the sharing of "intelligence" information to the level that would have been legal to obtain if it had been done by local authorities. And strong (death?) penalties to those who break the convention.

    Well, I am (still?) allowed to dream...

  • Re:Hilarious (Score:5, Interesting)

    by symbolic ( 11752 ) on Wednesday February 12, 2003 @07:05PM (#5291444)

    One thing we've seen, is that terrorists are not stupid. Does Lt. Cmdr. Sewell really think that terrorists will communicate important details through e-mail? I suppose that if the threat of being discovered is there, it's less likely to be used, but there are varied ways of communicating that are not easy to track.

    What worries me is that U.S. 'intelligence,' is taking the view that technology (and the invasiveness that comes with it) will offer a panacea to the current terrorist threat. I'm probably not the first to remind anyone that even WITH all the technology currently utilized by the US military, it has still been unable to bring down a man who lives in caves.

    I agree with you...it's not a question of if, but when the current data surveillance/collection efforts will be repurposed to suit some other, unrelated interest.
  • by praedor ( 218403 ) on Wednesday February 12, 2003 @07:22PM (#5291574) Homepage

    And he'd be an idiot to veto his own budget bill; that almost never happens.


    Good god. THINK about who you're talking about. GWB IS and idiot. Really. He is an honest to god moron. I wish I could recall the commentator who said it...in the local paper several weeks ago was an item by a CONSERVATIVE commentator who spent some time at the White House covering GW and buds. He indicated that Bush lacks any and all curiousity about anything that he is ignorant of (cultures, technology, etc). He doesn't read - except for the bible and THAT doesn't count for shit. He barely made it through college, there by virtue of his father's coattails. His FATHER, though a dork, was intelligent. Clinton, though a fool, was frickin brilliant. Bush junior, well, let's face it. He is Cletus from the Simpson's.



  • Re:A sigh of relief (Score:2, Interesting)

    by chronus22 ( 645600 ) on Wednesday February 12, 2003 @07:41PM (#5291691)
    I wouldn't break your pom poms for government out quite yet. Essentially, when laws that hurt the masses get rejected, it's because they hurt the elites as well. The reason this one got killed is because the people who make laws would have been hit hard too. They have as much to lose as we do when it comes to privacy. When laws that benefit politicians start getting turned down (e.g. they kill the DMCA despite risking a loss of RIAA donation money), then perhaps we can celebrate.
  • by El Cubano ( 631386 ) on Wednesday February 12, 2003 @08:05PM (#5291809)

    Is therefore safe to assume the Pentagon feels entitled to surveil the rest of the worlds population on the off chance they may spot a terrorist at some point ? I'm not trying to flame here but the article seemed a little short on fact and I am unclear as to the levels of surveillance the bill supports in its current form. If I understand it the overall plan has not actually been killed, just subjected to more congressional oversight and currently exempts American Citizens

    That is correct. The DOD is tasked with foreign intelligence collection (authorized under the U.S. Code, but I don't remember the section). They are specifically prohibited from collecting any intelligence ON or ABOUT any U.S. Citizen, resident, or corporation/business by the 4th Amendment, another part of the U.S. Code (don't remember which) and DOD Regulation 5240.1R

    Each branch of the military also has its own regulations that take into account specific situations pertinent to that particular branch

    To collect any intel on or about a U.S. citizen, resident, or business, the collecting activity requires a waiver from the Attorney General, which is not easy to come by. Of course they could always collect first and ask for permission later, but unless they can prove that collecting that intelligence on that person helped avert a major disaster (like an assasination or destruction of a military base) then you are in very deep s#@!.

    Thus, the DOD would need legislative backing to legally collect intelligence on U.S. citizens. This looks like it could be winner on that.

  • The New Cold War (Score:3, Interesting)

    by peripatetic_bum ( 211859 ) on Wednesday February 12, 2003 @08:12PM (#5291859) Homepage Journal
    I was thinking about this this morning after my mom called up and was worried because bush wanted everyone to have 3 days of supplies. This is probably what it felt like to live in the 50's. The old duck, and cover.

    Anyway, What I am saying is that now only is this the new cold war, but the Old Cold War Warriors are back witha vengence. Rumsfield, McNamara.

    The only good thing I can see about all of this is that the country will experience another revolution (like the 60's following the 50's) and maybe this action that congress took is a first step.

    I would like to hear comment from the rest of you
  • Re:Excellent news! (Score:2, Interesting)

    by frdmfghtr ( 603968 ) on Wednesday February 12, 2003 @09:09PM (#5292174)
    HA! I wish.

    I thought seriously about that once...all I would need is a single spam filter. If There wasn't a PGP tagline in the message, it would get permanently deleted from my inbox. Since spammers don't use PGP, BAM! Instant spam-free zone.

    Unfortunately, those I communicate with don't even know what encryption is, much less use it. Thus, I would also lose mail from friends and family.

    Hmmm...perhaps a PGP Awareness Campaign is in order?
  • by surfcow ( 169572 ) on Wednesday February 12, 2003 @10:33PM (#5292534) Homepage
    "The Star Tribune reports the House and Senate today agreed not to allow email surveillance of American citizens proposed by the Total Information Awareness program. Additionally, negotiators agreed to halt all future funding on the program without extensive consultation with Congress."

    Pointy's resume says it all: "finds innovative solutions to difficult problems". What's to innovative about lying?

    =brian
  • Anthrax? Snipers? (Score:3, Interesting)

    by MacAndrew ( 463832 ) on Wednesday February 12, 2003 @10:36PM (#5292543) Homepage
    Thank goodness for the handful of sensible people in Congress. When the Patriot Act sailed through with only one dissenter in the Senate (Feingold/Wis.) I wondered whether I had lost my mind.

    You might point out that we have had no real acts of domestic terrorism since September 2001. True.

    You probably don't live in the DC area, but we remember the anthrax attacks following 9/11. Still unsolved, aren't they? Then we had these bastard snipers killing a dozen unsuspecting people ... one at a time ... over a period of weeks. When you find yourself wondering whether you're taking a risk by opening the mail or merely standing outside, you have problems. You have terror.

    Mentioned rarely, these attacks were likely all the work of Americans. So was Oklahoma City. The closest thing to a 9/11 follow-up was the "shoe bomber" Reid, a British subject. (Apparently they're worried about him in jail [cnn.com].) Hunting for "suspicious foreigners" would have done no good in any of these. Nor would the unpatriotic Patriot Act. I'm not certain what would have helped, but I am sure they're headed in the wrong direction, enacting the longtime wish list of certain interest groups without regard to the present problem.

    We don't want to live in a police state, both because it would suck and because the terrorists would love it.

    Now we have a code red or orange or tangerine, I forget, isn't that dandy. I understood the defcon system [fas.org] better.
  • by Marijuana al-Shehi ( 609113 ) on Wednesday February 12, 2003 @11:54PM (#5292899)
    ...agreed to halt all future funding on the program without extensive consultation with Congress.

    Who needs Congressional funding? Poindexter can just smuggle drugs instead. It worked for the CIA and Las Contras, whom Poindexter was inextricably associated with during the free-flowing cocaine days of the 1980's. But hey, I can see why nobody remembers any of this, what with the more important stories like the President's blow job, the numerous baby-fell-in-the-well stories, O.J., Jon Benet Ramsey, Martha Stewart, etc...

  • by pla ( 258480 ) on Thursday February 13, 2003 @04:40AM (#5293206) Journal
    Read This [geocities.com].

    I'll quote the first paragraph:

    On November 1
    Green Party USA activist Nancy Oden was prevented from boarding a plane to Chicago at the Bangor, Maine International Airport and temporarily detained on orders of military personnel stationed at the airport. Below is an account of what happened by Nancy Oden herself.

    Does that answer your specific questions?
  • by Kjella ( 173770 ) on Thursday February 13, 2003 @06:04AM (#5293396) Homepage
    You can see it here [userfriendly.org]. Also, there's lots of encrypted communications programs or file transfer programs out there, if you feel the need for it. Stenograhy works too. Bin Laden was sending people to aviator school. Why wouldn't he be sending someone to do a CS degree in encryption and stenography too?

    You may keep strong encryption out of the hands of the general public, because they have no real interest in it. But for a determined group, the cat is out of the bag many years ago. Throwing together some AES + SHA + Diffie-Hellman reference code I could probably make a secure tool before the end of business today. And I'm hardly an expert on the subject...

    Kjella
  • Re:About time... (Score:3, Interesting)

    by glesga_kiss ( 596639 ) on Thursday February 13, 2003 @07:45AM (#5293566)
    Please stop deluding yourself. You haven't won anything, your e-mail has been getting scanned for years. Echelon is not some conspriacy theorists wet dream. It exists beyond all doubt. Your rights are meaningless when there are organisations that ignore them.

    Here is a quote from Echelon Watch's FAQ: [aclu.org]

    Q - If ECHELON is so powerful, why haven't I heard about it before?

    The United States government has gone to extreme lengths to keep ECHELON a secret. To this day, the U.S. government refuses to admit that ECHELON even exists. We know it exists because both the governments of Australia (through its Defence Signals Directorate) and New Zealand have admitted to this fact. (10) [aclu.org]

    This "wall of silence" is beginning to erode. The first report on ECHELON was published in 1988. (11) [aclu.org] In addition, besides the revelations from Australia, the Scientific and Technical Options Assessment program office (STOA) of the European Parliament commissioned two reports which describe ECHELON's activities. These reports unearthed a startling amount of evidence, which suggests that Echelon's powers may have been underestimated. The first report, entitled "An Appraisal of Technologies of Political Control," suggested that ECHELON primarily targeted civilians.

    So, what exactly is this article about? What have we won?

    For the still-skeptical people amoung us, here is a warning from the EU government to e-mail users [bbc.co.uk], originally stated in it's original form here [eu.int]. You can also find an EU resolution on the matter here [eu.int]

    If you are not of the faint of heart, you can see the highly detailed 200 page report into the system here [eu.int] [pdf doc]. This report was originally reported in the news mid September, 2001. Obviously due to other news items, it wasn't widely reported and the whole affair was convienently swept under the carpet.

  • by Anonymous Coward on Thursday February 13, 2003 @09:12AM (#5293722)
    Oooh. The Green Party USA must be out of money because they can't even afford their own domain. They have to host on Geocities!

    By the way, you might [lightparty.com] want [snopes.com] to check [politechbot.com] your facts [truthorfiction.com] before you post a link to a Geocities site!
  • Re:John Poindexter (Score:2, Interesting)

    by edgarde ( 22267 ) <slashdot@surlygeek.com> on Thursday February 13, 2003 @12:55PM (#5295145) Homepage Journal
    Is retired Adm. John Poindexter indispensible to this project? That's like saying the monster one builds from grave robbings is simply incomplete without the brain of a confirmed felon.

    I really wonder about the sincerity of legislators passing legislation that specifies how Poindexter shall not abuse the power he's given in the same law. Naivete doesn't explain it as well as plausible deniability.

    They should either remove Poindexter, or just admit he has the keys to our bedrooms and can be expected to take photos.

  • ECHELON anyone? (Score:2, Interesting)

    by FrankieBoy ( 452356 ) on Thursday February 13, 2003 @01:41PM (#5295573)
    The ECHELON system has been doing this for years so this rejection makes little difference.

    Here's some background taken from the ECHELON FAQ at www.cipherwar.com:

    The Scientific and Technical Options Assessment program office (STOA) of the European Parliament commissioned two reports which describe ECHELON's activities. These reports unearthed a startling amount of evidence, which suggests that ECHELON's powers may have been underestimated. The first report, entitled "An Appraisal of Technologies of Political Control," suggested that ECHELON primarily targeted civilians.

    This report found that:

    "The ECHELON system forms part of the UKUSA system but unlike many of the electronic spy systems developed during the cold war, ECHELON is designed for primarily non-military targets: governments, organisations and businesses in virtually every country. The ECHELON system works by indiscriminately intercepting very large quantities of communications and then siphoning out what is valuable using artificial intelligence aids like Memex to find key words. Five nations share the results with the US as the senior partner under the UKUSA agreement of 1948, Britain, Canada, New Zealand and Australia are very much acting as subordinate information servicers.

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