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Government Privacy News

House of Representatives To Discuss Wiretapping In Closed Session 264

Nimey brings word that for the first time in 25 years, the US House of Representatives will use a closed-door session to discuss proposed wiretapping legislation. The old legislation expired last month when government officials could not agree on retroactive immunity for the telecommunications providers who assisted with the wiretaps. The most recent version of the bill, proposed by House democrats, does not include telecom immunity. Because of that, President Bush has stated his willingness to veto the bill. The Yahoo article notes, "The closed-door debate was scheduled for late Thursday night, after the House chamber could be cleared and swept by security personnel to make sure there are no listening devices."
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House of Representatives To Discuss Wiretapping In Closed Session

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  • by b4upoo ( 166390 ) on Thursday March 13, 2008 @11:05PM (#22747482)
    It's time to drop the idea of the government being somehow separate from the people and grant all citizens access to all governmental information. We do not need big brother operating with rules and laws that are in any way different than they are for any citizen. Nothing is more basic than the right to know.
  • by SonicSpike ( 242293 ) on Thursday March 13, 2008 @11:05PM (#22747486) Journal
    Yep that's right. America needs a second party.

    I will not be voting for Obama, Hillary, or McCain. We will get the SAME THING with all of the above. Instead I'm voting for none of the above; either the Libertarian Party candidate, the Constitution Party candidate, or I'll write in US Congressman Dr Ron Paul.

    If more people would refuse to vote for more of the same, then we might actually get politicians with integrity that follow and uphold the rule of law.
  • by Anonymous Coward on Thursday March 13, 2008 @11:06PM (#22747492)
    the future of our nation's policy on personal privacy is determined by a 500p3r-53kr!+ panel of crooked politicians.

    Systems Normal, All Fscked Up!

    -AC

    *sig removed by NSA content filter*
  • by LM741N ( 258038 ) on Thursday March 13, 2008 @11:15PM (#22747588)
    The one to the public, the one to the lobbyists, or the one to the 3 letter agencies.
  • by Dachannien ( 617929 ) on Thursday March 13, 2008 @11:16PM (#22747590)
    Bush has a lot less leverage than he seems to think. The Democrats are at the very least torn morally about wiretapping, with the more leftward-leaning quite happy not to permit it at all. That's essentially the situation we have right now, with the previous legislation expired and with no immunity for telecoms. Bush can veto any related legislation he wants, but it won't force Congress's hand, because there will always be enough of his opponents willing to just not send anything to his desk.

    What will end up happening here (they should put me on the McLaughlin Group!) is that Congress will either sit on its thumbs or send legislation to Bush that he'll just veto again, and January 2009 will roll around. There's a greater than 50% chance that the next President will be a Democrat (to my personal chagrin, but I'm being realistic here), and the telecoms, FBI, CIA, DoJ, etc. will have things much worse when it comes to wiretapping at that point.

  • by Tanman ( 90298 ) on Thursday March 13, 2008 @11:19PM (#22747608)
    Yes, you are right. The constitution does give us specific capabilities to deal with a government that has become too big and powerful to be corrected. It involves the right for you and I to have a gun.

    However, I would much rather try to swing popular support to someone like Ron Paul, who espouses personal freedom and constitutional values, than begin a second civil war in this country. I mean, at the end of the day, we all live pretty good lives here in the USA -- the battle being fought is for the future. We are trying to reverse a decline, not pull the country out of the gutter.

    So, I will continue to support people like Ron Paul who voice a pure and respectable ideology rather than sleezy politicians who are concerned with being caught doing something crooked rather than trying to do The Right Thing.

  • by Anonymous Coward on Thursday March 13, 2008 @11:22PM (#22747632)
    The constitution does give us specific capabilities to deal with a government that has become too big and powerful to be corrected. It involves the right for you and I to have a gun.

    And that only works when the government has weapons that are of equal size to those that the civilians have. Oops.
  • Fear (Score:5, Insightful)

    by Heshler ( 1191623 ) on Thursday March 13, 2008 @11:25PM (#22747650)
    "Whitehouse said the documents assert that the president has the power to determine what his constitutional powers are, particularly in a time of war." Would the "War on Drugs" in this case be grounds for the President determining his own powers? While I believe that no one such have such uncheck spying powers, I think the real issue is that the Bush administration has proven, in so many cases, to be inept and untrustworthy, especially with Americans' privacy. How can we trust him when he says (or rather, directly implies) that the result of the bill not passing WILL be a terrorist attack on the US? This is a blatant fear mongering technique; he has not clarified how the program helps fight terrorists, yet he expects everyone to be afraid enough to give him anything he wants. Lately, Republicans have made it sound like the House Democrats are responsible for a coming wave of destruction on America. This emotional play is unacceptable: we need evidence that the wiretapping is actually doing some good, not more fear.
  • by jollyreaper ( 513215 ) on Thursday March 13, 2008 @11:29PM (#22747680)

    We would absolutely love it if you would get a tape and give it to wikileaks. Or Youtube. Or John Stewart.
    Mod down? No, mod parent up. This would be fucking awesome. Bush did a little song and dance at the Washington Press Whores dinner last week, closed to the public. He was yucking it up about obstructing justice, talking about going back to the ranch and saying hi to Cheney whose standing there with all the documents he's withholding. This is the same asshole who joked about not being able to find WMD's, miming looking under the podium "no wmd's here", the same asshole who said "You are the haves and the have more's; some call you the moneyed elite, I call you my base."

    We need to damn these fuckers with their own words. People have been deservedly killed for less; I think we can all agree that voting them out of office is a peaceable compromise.
  • by belmolis ( 702863 ) <billposer.alum@mit@edu> on Thursday March 13, 2008 @11:30PM (#22747688) Homepage

    While I agree that there is way too much secrecy and that it is used far too often to protect wrongdoing by government officials, eliminating secret government information would be a disaster. Do you really want every hostile government and terrorist to know the locations, travel schedules, and arming codes for all US nuclear weapons? What do you think will happen if the names of undercover agents in foreign countries are publicized? How about the impact on fighting organized crime and terrorism of eliminating the Witness Protection program? If you make use of government health care, do you really want everyone to be able to read your medical records?

  • by ScentCone ( 795499 ) on Thursday March 13, 2008 @11:33PM (#22747712)
    grant all citizens access to all governmental information

    Oh, well, as long as you're only going to make it available to citizens. There shouldn't be any problem at all with foreign hackers, people who want to blow up one of our ambassadors, or anyone who might want to know when President Obama will be crossing a certain intersection at a certain time of day on his way to attending some event. As long as it's only citizens with access to all government information, we should be fine. There aren't any citizens that would make inappropriate use of police communications, or air traffic systems, or anything like that.

    Or is it possible that your comment being modded as 'insightful' is perhaps a big ol' troll, just like your comment?
  • by The Analog Kid ( 565327 ) on Thursday March 13, 2008 @11:39PM (#22747740)
    the idea of NOT granting immunity to those who cooperated with the government sets a bad precedent, undermining the credibility of the U.S. government.

    They had a choice not to cooperate, Qwest acted in this manner. I can't imagine the legal departments in these companies never mentioned that this possibly an illegal action. As far as undermining the credibility of the U.S. government, it was undermined when Bush Administration authorized this program.
  • by bersl2 ( 689221 ) on Thursday March 13, 2008 @11:39PM (#22747742) Journal

    Whether or not I agree with the wiretaps, the idea of NOT granting immunity to those who cooperated with the government sets a bad precedent, undermining the credibility of the U.S. government.
    Maybe, just maybe, that's because the US Government deserves, in part, loss of credibility.
  • by Cadallin ( 863437 ) on Thursday March 13, 2008 @11:55PM (#22747814)
    Sorry, I'm going to have to pull Godwin's law here. I hope that I will articulate why it is justified.

    The Bush administration have operated illegally. They have violated the law not just in spirit, but in word. They have pushed warrantless searches and wiretaps. This is not legal. They have advocated, and used, torture in the interrogation of prisoners. This is not legal. They have lied, and used said lies as an excuse to wage aggressive war. This is not legal. They have conspired to hide their actions behind a cloak of shadows, lies, and secrecy. They have refused to disclose the the extent of their actions to the duly elected agents of the People of The United States of America while under oath. This is not Legal. International Law applies whether one agrees to it or not. As much of the top Nazi brass discovered. The Bush administration have used the same tactics: Brute Force, Fear, and a blatant disregard for law, human rights, and human dignity. Any who aid or abet such actions bears blame. They could have refused. They did not.

    No. No Immunity for Traitors. No Immunity for Cowards. No Immunity for those aid the destruction of the rights and liberties of free men.

    If there is to be any hope for Freedom, for Democracy, hope for any kind of legacy to leave for future generations, on these things must we stand firm.

  • by Anonymous Coward on Friday March 14, 2008 @12:16AM (#22747930)

    or I'll write in US Congressman Dr Ron Paul.

    Ron Paul the Republican? Yeah, great way to oppose the Republican/Democrat duopoly. What's next on your agenda, fucking for virginity?

  • by Anonymous Coward on Friday March 14, 2008 @12:24AM (#22747974)
    and it also shows that the govt is willing to correct past mistakes. it should be obvious that govt is made of people and people can stray from duty knowingly or unknowingly. nothing is worse than not admitting that fault and rationalizing it later instead.
  • by ArcherB ( 796902 ) * on Friday March 14, 2008 @12:26AM (#22747990) Journal

    No, he just wants to be able to read your medical records, and any related to his political opponents. His are off limits, since that's part of his freedom, you know.
    Actually, many politicians release their medical records. I do agree with you though that mine should remain private. That's one of the reasons I'm against the government paying for my health care. Once they are the ones paying for it, they are the ones controlling it.

    OK, now can you answer the rest of the questions? Here they are as the GP stated them:

    Do you really want every hostile government and terrorist to know the locations, travel schedules, and arming codes for all US nuclear weapons?
    What do you think will happen if the names of undercover agents in foreign countries are publicized?
    How about the impact on fighting organized crime and terrorism of eliminating the Witness Protection program?
    Should all that stuff be public knowledge as well? Don't get me wrong, I'd love to know all the secrets the government has. Unfortunately, the government can't tell me without telling the people that they are trying to hide the stuff from in the first place, so I accept the fact that government needs secrets.
  • by Stephen Samuel ( 106962 ) <samuel@bcgre e n . com> on Friday March 14, 2008 @12:34AM (#22748042) Homepage Journal
    Like any other proposed violation of people's rights -- this is only a good idea when it's somebody else who's affected. That's exactly why racism and prejudice is able to take hold... It's really easy to verify that you're not a member of the 'them' that is being negatively impacted by it.
  • by Phoenix666 ( 184391 ) on Friday March 14, 2008 @12:41AM (#22748088)
    I'm furious that Pelosi and the Democratic caucus in the House of Representatives would agree to a secret session. The FISA bill represents the greatest threat to our freedom, the rule of law, and the Constitution of the United States, and I demand to know every word that every Congressman says on the subject so we'll know exactly whose ass to kick if they grant immunity to the telcos for committing crimes.

    Those fuckers are supposed to work for us, and I for one have lost patience waiting for them to remember that.

    A secret session on this topic, especially this topic, is nothing but a big Fuck You to the American public.
  • by ScentCone ( 795499 ) on Friday March 14, 2008 @12:46AM (#22748120)
    You don't hide information, unless you're doing something illegal, right!?

    Maybe that's why YOU hide things you do. But a technology or method used to intercept communications between people planning your death or the ruin of the economy in which you live, or looking to do another London or a Madrid in San Fransisco or Seattle do NOT need to know the nature of - or the policy particulars surrounding - the means by which we'd stop them. Not if we intend to actually stop them.
  • WTF? (Score:4, Insightful)

    by Whuffo ( 1043790 ) on Friday March 14, 2008 @12:52AM (#22748152) Homepage Journal
    Let's see now: House of Representatives and secret session. If they have to keep it a secret from us, then who is it they're representing?

    Don't answer, the truth of the situation has already become painfully clear. We've got two political parties who offer the candidates that best represent their party values. Those party values include greed, graft, corruption, etc, etc. You can't vote the rascals out of office because the only choices you have to vote on are the ones the parties select for you.

    And while we're hyperventilating about our elected representatives, the real dirty work is done by career bureaucrats - you didn't vote for them, you don't know them, they'll be there until they retire and they'll do what they want to regardless of which party is in power.

    Here's my bet: the House and the telecom companies will kiss and hold hands and when it's over nothing will be different. Same old stuff.

  • by BAM0027 ( 82813 ) <blo@27.org> on Friday March 14, 2008 @01:01AM (#22748188) Homepage
    Nah, you can't vote them out or impeach them. You have to wait for them to do something _really_ heinous, something that would impact a whole bunch of people.

    Something worse than the 4,000 military personnel and the thousands of citizens that've died in Iraq.

    Something worse than the civil liberties that've been compromised.

    Something worse than the trillions of dollars that've been borrowed against future generations for a baseless war.

    Something worse than the loss of funds to pay for education.

    Nah, just wait for them to do something _really_ awful, like pay for sex.
  • by Fulcrum of Evil ( 560260 ) on Friday March 14, 2008 @01:02AM (#22748194)
    Wait, are you for or against the illegal spying on US citizens for unspecified purposes, with the cover of ZOM!! Terrorism!
  • by Jane Q. Public ( 1010737 ) on Friday March 14, 2008 @01:06AM (#22748218)
    "No Bill of Attainder or ex post facto Law shall be passed."

    It really doesn't get much clearer than that. "Ex post facto" means "retroactive". It does not say "maybe", or "if...". It says NO.

    Bush can bitch all he wants, but he is demanding that the Democrats pass a measure that would be blatantly unconstitutional... as clearly unconstitutional as something can be! "No (whatever) shall be passed" is perfectly clear English, hardly subject to debate. And in this case, "whatever" is retroactive laws.

    If the Democrats even considered doing such, they would be traitors to the Constitution, to the same extent as Bush.
  • by dpninerSLASH ( 969464 ) * on Friday March 14, 2008 @01:07AM (#22748222) Homepage
    Good the The House Democrats. Like many other U.S. citizens I've had it up to my chin with Bush's arrogant, irresponsible, and unintelligent deconstruction of our country. I hope they give him the fight of a lifetime on this that keeps him awake at night.

    To argue that Bush has done anything whatsoever to fend off terrorism is a joke. I couldn't care less about the immigration system, but his blatant failings to secure our southern borders stands in direct conflict with the GOP's assertions that we are better off today than we were a few years ago is fodder for comedians. If the terrorists decide they want to get us, they'll find a away. The only thing (thank God) that is keeping the U.S. safe today was the worldwide embrace of the U.S. after 9/11, which hurt the terrorists from an ideological point of view.
  • by Oddster ( 628633 ) on Friday March 14, 2008 @01:12AM (#22748250)

    If more people would refuse to vote for more of the same, then we might actually get politicians with integrity that follow and uphold the rule of law.
    You cannot get politicians, third party or not, with "integrity" as long as there are silly criminal laws on the books. And by silly, I mean laws that may evoke some sense of morality or social norm emotionally, but that really should not be codified in the legal system (the American one, anyway). Gambling, drugs, and prostitution come immediately to mind - threatening people with jail is not a significant deterrent to these vices, so it ends up just making a whole lot of people so-far-uncaught criminals - including way more politicians than have been caught.

    No, you'll never get a politician with integrity as long as you have silly laws, because making laws that man can not and will not obey serves to bring all laws into contempt [elizabeth cady stanton]. Once consenting adults can do as they wish in their own privacy without fear of breaking the law, then we will all get quite a bit of integrity back, and so will our politicians.
  • by bersl2 ( 689221 ) on Friday March 14, 2008 @01:13AM (#22748260) Journal
    They could be discussing this behind the scenes instead of in an official session. (This is official, isn't it?) Would you prefer that?
  • by Petrushka ( 815171 ) on Friday March 14, 2008 @01:14AM (#22748268)

    or the one to the 3 letter agencies.
    Well, I presume it'll be the three-letter agencies sweeping the place for bugs. So I guess that answers that part of your question.
  • by evanbd ( 210358 ) on Friday March 14, 2008 @01:36AM (#22748366)

    Where did you get the idea that the constitution is so fantastic?

    Several reasons. Firstly, I agree with many of the ideas in the Constitution. I won't go into details.

    Secondly, I agree with the methodology -- that there should be an overarching "meta-law" that covers what sorts of things can and cannot be legislated, and that furthermore it should be significantly more difficult to change this meta-law than to change regular laws, though not impossible (the amendment procedure).

    And last but certainly not least, every Congressman and President took an oath to uphold the Constitution. Failing in that oath is an important indicator of that person's true priorities; many times, when people complain about lawmakers ignoring the Constitution, the real complaint is less about the Constitution and more about how that person is failing to carry out the job they swore to do. If we cannot trust these people to uphold the law they swore to place above all others, why exactly are we trusting them to make any laws at all?

  • by deblau ( 68023 ) <slashdot.25.flickboy@spamgourmet.com> on Friday March 14, 2008 @02:04AM (#22748436) Journal

    It's time to drop the idea of the government being somehow separate from the people and grant all citizens access to all governmental information.
    Although it's cliche, unlike all the drummed-up BS that the Bush administration and the media like to feed you, opening up all government information really would benefit terrorists and others who wish us harm. Names and assignments of undercover agents and their contacts, methods for gathering intelligence, crypto we've broken, crypto we haven't, nuclear weapons locations and quantities, military equipment budgets, troop movement plans... these are not things you want just anyone to know. If they do, people die. Sorry, but some information really, really doesn't want to be free.

    Of course, United States citizens talking on the phone (usually) doesn't come anywhere close to posing these kinds of dangers. If there really is a threat, well, that's the whole point of having a FISA court with the power to grant warrants (even after the fact). But this mass wiretapping program is domestic spying, pure and simple. Bush and his supporters should be punished severely for running this program.

  • Re:WTF? (Score:5, Insightful)

    by NevermindPhreak ( 568683 ) on Friday March 14, 2008 @02:12AM (#22748464)
    Sorry, but government officials have had more access to classified stuff than civilians for a long long time now. I'm against immunity too, but I trust John Conyers enough to believe that he and most of the House Dems would call the GOP on bullshit if it turns out to be the case. If they couldn't be trusted to do so, immunity would have been granted a long time ago, and the press would have barely had a chance to notice.

  • by LaskoVortex ( 1153471 ) on Friday March 14, 2008 @03:39AM (#22748770)
    The reason for secrecy here could be to review Bush administration actions without risk of revealing those actions to the public. Of course we would all like to know who as been spied on and why, but it may not be legal for congress to reveal those things in an open session. However, congress's being properly informed about any wrongdoing may supersede our desire (or right, if you insist) to observe their their session. So, in terms of their future decisions concerning FISA, a closed session may be the best option considering that many legislators would not become properly informed of wrongdoing otherwise.
  • by MightyYar ( 622222 ) on Friday March 14, 2008 @07:53AM (#22749534)
    Language is dynamic, and "irony" now has an additional meaning - don't let it bug you :)
  • by aproposofwhat ( 1019098 ) on Friday March 14, 2008 @08:12AM (#22749624)

    Names and assignments of undercover agents...

    Unless of course the name is Valerie Plame, and the 'national interest' is defined narrowly as 'Cheney's vindictiveness'.

  • by Anonymous Coward on Friday March 14, 2008 @08:16AM (#22749638)
    While i agree with the general sentiment of your post, I see two problems with your argument:

    1) America didn't really receive any 'embrace' after 9/11. The rest of the world either suspected it was an inside job, or felt you had it coming.. There were very few people who truly believed the official version of events.. Which leads into..
    2) You've been lied to about the 'terrorist threat'. Your assertion that there is something 'keeping America safe' relies on the idea that there are enough terrorists to make some kind of nation wide strike against a land mass the size of America, and that's simply not the case.

    In support of my (harsh, and perhaps unfair) argument, i'd like you to run randomly through news broadcasts for the last 15 years, and pick out the language shift. Note the number of times the word 'terrorist' was used in the mid 90s, compared to today.

    I'm not saying that there's a bunch of guys in a room somewhere controlling the media, but hysteria runs deep.. Deep enough that you seem to believe that America needs protecting from a force that doesn't actually exist...
  • Re:Explain why. (Score:5, Insightful)

    by Jeremi ( 14640 ) on Friday March 14, 2008 @11:05AM (#22751146) Homepage
    Why is immunity for complying with government requests bad? What possible harm could it do?


    If the government requests that you break the law, and you comply, and then you are given immunity for your crimes, then effectively there is no law. The government can then commit any crime it likes (by proxy) and get away with it.


    In a civilized society, nobody is above the law, especially the government. Societies where the government is above the law are properly called dictatorships.

  • Re:Explain why. (Score:4, Insightful)

    by spun ( 1352 ) <loverevolutionary@@@yahoo...com> on Friday March 14, 2008 @12:20PM (#22752016) Journal
    We are a constitutional republic. The government performing wiretapping is arguably unconstitutional. Private companies should not be granted immunity for things that are unconstitutional, because this lets the government sidestep the constitution. Legal and constitutional are two different things, and our system of law rests on the constitution. If something is nominally legal, but the supreme court declares it unconstitutional, then it is illegal. That argument is about the most forceful one can make in our legal system.
  • Re:Explain why. (Score:3, Insightful)

    by NormalVisual ( 565491 ) on Friday March 14, 2008 @12:31PM (#22752124)
    If you cooperate with a police investigation and someone sues you because of it, do you want to pay a lawyer to defend you?

    Blanket immunity is hardly ever a good idea. Let's say I cooperate with the police and give them incorrect information that leads to them busting into your family's house and killing a couple of family members in the process. Sorry, you can't sue me - I have immunity, even though I did you a grievous wrong.

    Similarly, giving the government free reign to listen in on my phone traffic gives the government unwarranted and unprecedented power over me. I occasionally discuss firearms with a few friends of mine - while being completely legal, it's entirely possible the content of that traffic could end up getting me put on a watchlist that significantly impairs my ability to move about the country. In this case, the phone company's voluntary and unwarranted cooperation with the government will have cost me something tangible, and that's something I should be able to go to court to recover. More importantly, the mere threat of being able to sue will help keep the phone company from doing that in the first place, which is the preferred outcome.

    As a previous poster indicated, the phone companies are acting as a proxy for the government when they do this - why would you think it's a good idea to remove any kind of judicial restraint and allow the executive to operate unfettered?
  • by keineobachtubersie ( 1244154 ) on Friday March 14, 2008 @01:18PM (#22752650)
    "The government can then commit any crime it likes (by proxy) and get away with it."

    If I'm an individual, and I've been contracted to commit a crime by the "government", once I'm granted immunity why wouldn't I tell on everyone? Especially if I'm compelled by a court?

    And before you answer, immunity means you can no longer take the 5th as it regards to the crimes you were granted immunity for. This is a standard tactic in mob trials, so the defendants can't plead he 5th. They're granted limited immunity (usually during the trial, or for specific crimes committed) and questioned. Failure to answer results in contempt charges, or perjury if they lie. Immunity doesn't protect you from telling what happened, and in fact makes it easier to find out.

    Now, if these people, who have been granted immunity, HAVE NO CONCERN ABOUT PRISON for the crimes they committed, why would they risk 1) committing new crimes (perjury, contempt) or 2) losing their immunity and being retroactively prosecuted (for example, immunity granted on the basis of total cooperation with an investigation).

    Of course, in this case it's civil immunity, but the misunderstandings regarding criminal immunity prompted me to post, in order to clarify its value as a tool.

    Keep this in mind, a large part of the successful prosecution of criminal enterprises is granting of immunity to key players in order to get information. It works.
  • by MttJocy ( 873799 ) * on Friday March 14, 2008 @01:29PM (#22752764)
    That is not perfectly true unless you assume the government is willing to pull out the really big weapons and kill their very source of control and power in mass (note power is useless if there are no people left you have power over) so it then becomes likely that we would be talking infantry perhaps some tanks sure, maybe a few missiles in an attempt to scare the rebellion out of existence but when it boils down to it a thousand armed mob with rifles and handguns against every 20 or so soldiers or a tank and their higher power weapons may kill more but they still can't win.

    It also assumes that in the event of a rebellion so large as to actually cause people to engage in direct violence against the government all the military will actually stay on the government side and not defect (with their assault rifles with them) hell, even assumes that there are not enough people in the private sector that if they were involved in such a rebellion they could not arm an army on their own.

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