Local Police Increasingly Rely On Secret Surveillance 146
v3rgEz writes: 'The Wall Street Journal reports on how local law enforcement is increasingly requesting (and receiving) sealed wiretap requests and surveillance that doesn't require a warrant for cellular data, a move that is making some courts uneasy — but not uneasy enough to stop the practice. "Across the U.S., thousands of similar law-enforcement requests for electronic monitoring are likewise locked away from public view, even after the investigations that spawned them have ended. In most cases, they stay sealed indefinitely—unlike nearly all other aspects of American judicial proceedings. Courts long have presumed that search warrants, for example, eventually should be made public." One group has set up a crowdfunding campaign to research how far the practice has spread, hoping to raise money to file and follow up on public records requests across the country for policies, invoices, and other "surveillance metadata."'
Judicial proceedings should never be secret (Score:5, Insightful)
This is a travesty.
Re:Judicial proceedings should never be secret (Score:5, Insightful)
No, if you look at the Supreme Court Case [Redacted] vs. [Redacted], you'll find that Justice [Redacted] made the very clear argument that sometimes [Redacted] is necessary because [Redacted]. Honestly, how can you contest that precedent?
Re:Judicial proceedings should never be secret (Score:4, Funny)
Informative!
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He is a policeman.
His views are that if he has nothing to hide, he doesn't care if the government snoops in. These things are necessary to protect everyone from wrong doing. Common people who critique it just aren't able to understand the need for it. Whatever steps are necessary must be taken to protect the population.
He's into history, war and such. I would think that something would resonate in his head that being able to sys
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Does his bedroom window have curtains or a shade? Does he wear pants? If he has nothing to hide, why would he?
If the police have nothing to hide, why are the secret warrants secret?
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Point out other historically significant political entities which started with similar data collection on their populace, and how they ended up; I won't n
Unredacted Version (Score:2)
One thing you can count on (Score:5, Insightful)
The practice has been abused, and innocent people have been harmed in some way by this abuse.
Where there is no accountability or visibility, there is abuse. It is guaranteed.
Any attempt at seeing the old data will be fiercely resisted by those who abused this practice, and they will have lots of political clout to keep their corruption secret.
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Re:Judicial proceedings should never be secret (Score:5, Insightful)
I simply don't get it. If the police are just investigating normal crimes, why can't get get normal warrants? Are they just lazy, or is there some other motive?
Re:Judicial proceedings should never be secret (Score:5, Insightful)
They think they are on a higher mission and that this end justifies any means. Just look at the history of Germany, how ordinary police was pretty happy with their increased powers in the 3rd Reich. The police is unable to guard freedom, as its members do not understand the concept. The police always wants a police-state, that is not named accidentally in this way.
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True, no organization that has authority has ever wanted less authority.
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Indeed. And the particular problem with the police is that they are tasked with keeping up "order". While there are exceptions, this attracts a particular type of personality (authoritarian follower), that is unable to understand the exceedingly high value of freedom. These people are often willing to do immeasurable damage to keep up "order", and as those in power benefit immensely, are often shielded from any accountability for their actions. And when things start to get bad (as they have been in the US f
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Actually, this is completely as intended. When the majority of the population finally wakes up, the fascist state will be firmly established.
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The government has decided that it's in the public interest for the public not to know what the government is doing. And the public is uninterested.
cool story bro (Score:2)
If the feds can... (Score:5, Funny)
If the federal government doesn't need a warrant, why should local law enforcement? OTOH, the federal government uses "national security" as an excuse to violate the constitution. What's local law enforcement's excuse?
a move that is making some courts uneasy
The judicial branch is obsolete, a relic from some past time when The Constitution of the United States was the highest law of the land.
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And on that note, why should civilians need a warrant? We should just start following their lead and perform our own mass spying... Well, not really, because I know what kinds of things they do to mere peons with the CFAA.
Because individual citizens have no power. If the police decide what you did is illegal, then they'll persecute/prosecute you. Especially if you're spying on them (even videoing them in a public place) or a person or organization with power.
If you're a large corporation though, you have an army of lawyers and you can do whatever you want. Remember the case when Microsoft stole email form a journalist's hotmail account without a warrant? Their excuse was they could do it because they wouldn't have been a
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What is a news organisation IT dept doing in allowing their journalists to use third-party email services? Those are privileged communications, maybe not to the same level as legal or medical documentation, but they're still protected. There must be some kind of due diligence for these things, though.
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And on that note, why should civilians need a warrant? We should just start following their lead and perform our own mass spying... Well, not really, because I know what kinds of things they do to mere peons with the CFAA.
Because individual citizens have no power. If the police decide what you did is illegal, then they'll persecute/prosecute you. Especially if you're spying on them (even videoing them in a public place) or a person or organization with power.
If you're a large corporation though, you have an army of lawyers and you can do whatever you want. Remember the case when Microsoft stole email form a journalist's hotmail account without a warrant? Their excuse was they could do it because they wouldn't have been able to get a warrant, both because that's law enforcement's role and because law enforcement wouldn't have been able to get a warrant anyway. That translates to, "we know what we're doing is totally illegal because the courts would never let us, but we're doing it anyway because nobody gives a shit about the judicial branch."
Despite being modded funny, the part about the judicial branch being obsolete was entirely serious.
Individuals do have power. They can practice jury nullification (look it up if you don't know what it is) in the jury box. They can try to get into office themselves. They can formulate logical and consistent opinions and then share them with others. They can obtain and practice with firearms so they are much harder targets for a government out of control. They can use the same to protect themselves from the free shit army the government has created to prey on the productive people, that conveniently m
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Re:If the feds can... (Score:4, Informative)
They still have a function, window dressing for our fascist police state. "See, we have a Constitution. See, we have a court system and juries of peers"
Blame the courts (Score:2, Insightful)
Blame the courts (Score:2, Insightful)
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Organizations, for example, shouldn't be expected to "play nice," but they should be expected to play by the rules. The fact that, say, various corporations can play extremely sketchy games with their taxes is absolutely expected, given that the tax code allows it (if they didn't, they would more-or-less be shir
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They are not and cannot be. The problem is that a police-person surrenders his/her personal moral code when joining the force and gets a bad replacement called "the law" that gives them very little leeway to be moral. At the same time, the myth that "law = moral" is universally promoted, when even a brief look at some legal excesses shows that this is in fact dead wrong. In the end, the police is just the people that are tasked with beating all the citizens into submission that do not like how things are ru
Re:Blame the courts (Score:5, Insightful)
Tempting to blame law enforcement for their increasingly-Orwellian tactics, but -- in my opinion -- that's their job: to do everything they are legally allowed to do to put the baddies away. The thing is, "legally allowed to do" should stop somewhat short 1984; the fact that it doesn't isn't their fault per se, but the fault of the courts for allowing this.
They aren't legally allowed to this. It's entirely illegal.
On top of that, they take an oath to uphold the constitution when they get their badge and this clearly violates the constitution.
For far too long in this country we've decide that "criminals" are somehow non-citizens. We've declared them as an "Other" and not of us. This has allowed some people to rationalize their illegal behavior as somehow just. It's not. Violating even a criminals constitutional rights is wrong, and it wont be long before YOU are considered a criminal that no longer deserves his rights either.
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Re:Blame the courts (Score:4)
The problem is, that without a regular reading of the Constitution, all you're left with are opinions of lawyers and judges as to all that the Constitution means. The fact is, the Constitution was deliberately focused and precise overarching set of "guidelines" that have been slowly eroded in favor of more "pragmatic" approaches, since nearly the beginning.
Here is a test on Voting Rights and Right to Bear Arms. We have a set of court opinions that one requires ID and the other doesn't require any, both on "Constitutional" grounds. Either both are rights, and require the same application to exercise, or they are not rights.
And for the anti-gun wackos, I'd suggest that Voting is more dangerous than guns, because you can't tell who the stupid people are voting for the tyrants taking away our rights as fast as they can.
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Devils' Advocate position: "voting" is a Right for Citizens. Determining whether you are, in fact, a Citizen before you vote is not unreasonable.
On the other hand, RKBA does NOT specify "for citizens only", so there is no reason to requir
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Well, taking your "devil's advocate" position, I would postulate that both Voting and Keeping/Bearing Arms are rights, but that Voting is more limited in as much as one needs to be a citizen while Keeping and Bearing Arms has no such limitation declared. This analysis would support my position even better, meaning that it is more reasonable to make sure that everyone voting is a citizen, rather than everyone Carrying a Weapon has ID.
But Logic doesn't rule our land, fear mongering does.
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The other problem is the extreme reluctance of government to extend the Constitution through amendments. Even a simple one like making the Air Force constitutional that would easily pass is not done.
At least when it came to giving Congress powers like passing laws limiting speech in the name of national security or placing sane limits on ownership of arms, there would be much more discussion about what is national security and what are sane limits on ownership of arms and in the absence of agreement there w
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Pray tell, good sir, what leads you to believe the formation of an Air Force is not constitutional?
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Tempting to blame law enforcement for their increasingly-Orwellian tactics, but -- in my opinion -- that's their job: to do everything they are legally allowed to do to put the baddies away.
I couldn't disagree more, for a bunch of reasons -- but here's the one at the top of the list: lawmakers are always passing laws that give the police far too much power (at the urging of the police), but then explain to us that it's OK because the police will exercise good judgement and won't actually do the abusive things that the law allows.
I blame lawmakers for passing those laws, and I equally blame law enforcement failing to exercise good judgement.
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...and I equally blame law enforcement failing to exercise good judgement.
Right; but do you think law enforcement should be punished -- in a legal sense -- for failing to exercise good judgement? I think the answer is a resounding "yes," but if there are no laws explicitly saying that what the police are doing is wrong, then how should we proceed?
Yes, I agree that good judgement should be expected -- but I think that when the police do not exercise good judgement, it should very much be a legal issue.
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In fact there are laws in place that indemnify police from being sued or punished from wrongdoing.
That is how fucked up the whole system is.
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Regarding the Oath (Score:2)
All politicians and bureaucrats also have to speak an oath to uphold the ultimate law of the land. For reference the United State's Supreme Court Oath of Office is below.
For citizens, "ignorance of the law is no excuse". Tax law, I'm looking at you... But we are talking about the Supreme Law of the Land, The Constitution of the United States of America. Those in power that breach this law or redefine it are the problem. But they get away with it, over and over again (I think of Won't Be Fooled Again by
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This is so far from the ideals of Liberty i dont even know where to begin..... You are a child with a child's opinion.
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I think, for instance, that taxes are too low in my country -- but I absolutely do not blame people for paying the minimum amount on their tax return.
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My issue is that it is currently legal for the police to, as you say, "push so hard that undue suffering is caused." Yes, it's a dick move for the police to cause undue suffering, but the root problem -- in my mind -- is that it is seemingly legal (or at lea
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"to do a good job, it is often advisable to do everything in your legal power to accomplish that job"
This is rarely actually true. But it is never true for law enforcement. To do a good job there means that you must not to everything that you're legally empowered to do.
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Um, no. Law enforcement has a responsibility to stick to the principles that this country supposedly aspires to.
It is their fault for doing this garbage, and the courts are also at fault for not stopping them. Saying it's one or the either is just a false dichotomy.
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The "fuck freedom, I want security" people like you are more scary than a terrorist with a nuke.
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By all means we should limit the *legal* power that the police have -- however, I think relying on the police to self-regulate is bound to fail, and we should indeed make it a legal obligation to "exercise good judgement" (or whatever language you like). Imperative in thi
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Law enforcement is fundamentally incapable of limiting itself, the mind-set just does not accommodate looking the other way. It often is also not allowed to do so. Hence law enforcement must always be limited in its actual power, lest a police-state arises. In the US, the control-mechanisms seem to have failed a while ago, the effects now observable are just what is to be expected. And for a look into the future, remember that a police-state is just a stepping-stone to complete fascism with no personal free
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I have no problem with Verizon or Comcast requesting special treatment; but once "requesting" turns into "buying," then I have a problem with the system that allows this behavior.
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ugh (Score:5, Insightful)
How is this even a question?
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
That's not even remotely vague. It's clear as day. You need a warrant and that warrant should be public. Period. Any Judge that didn't see this as a violation of the 4th amendment should be strung up without a trial, since they don't feel the constitution is important.
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Tribunal is the way.
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How is this even a question?
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
That's not even remotely vague. It's clear as day. You need a warrant and that warrant should be public. Period. Any Judge that didn't see this as a violation of the 4th amendment should be strung up without a trial, since they don't feel the constitution is important.
I'm not sure that it's as crystal-clear as you say:
1. Where does it say the warrant must be public? A secret warrant seems like it would qualify as long as it fit the requirements set out.
2. It doesn't explicitly say "all searches require a warrant"; it only refers to "unreasonable searches". Does a reasonable search not require a warrant? In fact, where does this expressly say that any searches require a warrant?
3. Where does it say that this applies to electronic communications (or any non-physical commun
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You disgust me and every civilized person who reads your post.
Speak for yourself, fascist.
FYI, even a broken clock is right twice a day.
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Your racist terminology and willingness to murder people without even checking their race beforehand makes any observer think you are a right-wing nutbag who longs for the days when the KKK kept the darkies in check with lynchings. You disgust me and every civilized person who reads your post.
My sons black (actually from Africa) So after you're done taking your foot out of your mouth, go fuck yourself.
Double edged sword (Score:2)
On one hand keeping the wiretaps secret harms transparency and hides abuses.
On the other hand it keeps the names of people under investigation private. Would you really want to other people to know that the police were tapping your phone? A conclusion many may draw is that you have done something wrong.
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There are people who assume if someone is being investigated they must have done something wrong. You can't please everyone.
Re:Double edged sword (Score:4, Insightful)
Would I *want* them to know? No. Would I *care*. Not really. Would some people think, "where there's smoke, there's fire?" Sure. Screw them, they're idiots.
I think the best policy is ultimately to get everything out in the open. The worst case is when surveillance is secret so people think it hardly ever happens, and then it comes out that you were under surveillance. At least when it all comes out, it becomes pretty clear there's smoke around a lot of innocent people.
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Sure. Screw them, they're idiots.
Those "idiots" might not hire you, vote for you, etc. When your life is ruined due to an investigation you will sing a different tune.
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Those "idiots" might not hire you, vote for you, etc. When your life is ruined due to an investigation you will sing a different tune.
I don't think so, but I'm on the downhill side of middle age, and that makes a difference. They can't ruin my life because I've lived approximately 2/3 of it already, and I don't intend to spend the time I have left worrying about what idiots think. I can work around them.
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If the idiots think you're guilty, you'll spend the truncated portion of what was the 1/3 remaining of your life in incarceration. How're you going to work around that?
I'd personally hate to be a first-time loser after midlife. Prison life is a game for the young.
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Different hypothetical. The one where the surveillance turned up something.
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Maybe you need to take a broader view of the world. Just because it is not a problem for you does not mean it is not a problem for many other people. Try to put yourself in the position of someone where it does matter.
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Well, as I said, not everyone's in my place.
But I really don't see any other solution to this other than to treat the idea that you must be guilty of something because the cops investigated you as contemptibly stupid. What's the alternative, to take that idea seriously? After all, hiding the fact that you, personally, happened to get swept up into some investigation is only going to *confirm* the suspicions of people who automatically think "where there's smoke, there's fire."
The best option is not to a
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The problem is that there are laws that you have broken, there are so many. The other day I was in the forest in the middle of no-where and I peed. That is enough of a crime to really ruin my life, years in prison as a sex offender then put on a list that limits freedoms extremely plus having it publicized so that the lynch mob knows where to go to lynch the child molester. Only child molesters get put on the list you know and even if you get off, it's probably due to an activist judge or slick lawyer.
As lo
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The problem is that there are laws that you have broken, there are so many.
True.
The other day I was in the forest in the middle of no-where and I peed. That is enough of a crime to really ruin my life, years in prison as a sex offender then put on a list that limits freedoms
Not so true.
Anyplace *I've* lived nobody gets prosecuted for peeing in the woods. In some states public urination is classed as misdemeanor disorderly conduct or even public lewdness, but only "under circumstances which the person should know will likely cause affront or alarm".
This is exactly what I'm talking about. It's paranoia over what the stupid people will do if they find out. If you're in the middle of a forest with a full bladder, find a tree and after a few furtive glances around, go ahead
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You're basically right but assuming a prosecution out to get you and lack of a good lawyer you might feel that the plea bargain is the safer course.
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No, I'd advise young people to adopt "screw the idiots" earlier than *I* did.
Like Gandhi said, "Be the change you want to see in the world." I'd like to see less taking stupidity seriously. Do that and stupidity starts to get airs above its station.h
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So.... basically, what you're saying here is that since there are people out there who are stupid and fall prey to propagandist bullshit that boils down to "accused == guilty," we should go ahead and sacrifice our civil liberties?
That's crazy talk.
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CanHasDIY is under investigation for child pornography. It does not matter if all allegations prove false your handle is still associated with child pornography. It comes down to harm. Which would cause more harm secrecy or false association? I just pointed out both issues. I don't have the answers.
General trend of militarization of police (Score:5, Insightful)
The police everywhere seem to be given to a general trend of militarization. Assault rifles, military-style clothing and accessories, armored vehicles, intelligence gathering operations, air power (helicopters, drones, etc).
They no longer resemble the "beat cop" who managed to keep order with a whistle and a truncheon in a uniform with shiny brass buttons. They resemble a military assault force.
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It's absolutely amazing with the firepower of the gunmen that the only deaths were the two gunmen and no-one else.
Sounds like a really poor example. Where is this "need" for better weapons?
Comment removed (Score:4, Interesting)
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It seems to me with the cheapness of wireless cameras and how much a guy in a "plumbing" van sticks out like a sore thumb when the van is mysteriously parked that cops would stick out less in a bust by using things like hidden video cameras.
Not necessarily nefarious and orwellian.
However, I can see how in the current climate it's hard to know when you're actually being overly paranoid.
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Well I'm not talking about sticking cameras everywhere. Just that in the event you wanted to do surveillance, you don't use donut munchers, you put up a camera (that you could then take down).
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From the classic Wanted persons NCIC, all criminal records via Interstate Identification Index: III "triple-eye" (a conviction in any state at any time), Brady Law, Treasury Enforcement Computer System (TECS), Financial Crimes Enforcement Network (FinCEN), New Hire registry...
From plate readers, facial recognition on the driver and passenger sides, your local fusion center...
Got a cell phone on you?
Other channels for information (Score:2)
What's the problem with that? (Score:2)
A private camera's owner is allowed to share any footage they have recorded.
The request may be unsettling (it would be for me), ask about it first if you want. Then decide, unless there's a warrant.
Unless it is you they are after or if the footage requested puts one in a compromising position. What you do at that point is your decision (LWYR UP, per Saul Goodman).
Obviously (Score:2)
Its funny. (Score:2)
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Gotta keep the peasants in line.
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Ah yes, because if it weren't for government oversight corporations would all be honest, responsible bastions of human dignity.
I agree there's lots of problems with large government, but we've tried the opposite and discovered that corporations are run by greedy, irresponsible powermongers, and government is the only force that can keep them in check. The problem is that the corporate powermongers realized that as well, and proceeded to take over the government. And we let them. What we need is not neces
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No we need RANDOM government.
National Lottery every 4 years, The military holds a completely open drawing of all the names of US citizens. The names are drawn and researched to as if they are felons or natural born and age limits. They are then collected by plain clothed personell and taken to Washington where their first 2 weeks are to decide publically who is to be president and vice president. the rest are senators and reps from their associated states. You can not say NO, you are forced to do this
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At a certain point, maybe just randomizing the system would result in a better setup than the entrenched, bought-and-paid-for bureaucracy we have now.
Re:More taxes! (Score:4, Informative)
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It would be sorta like winning the lottery. Your old job, or business would be gone but with all the offers for a very well paid job doing nothing at "Big Corp" for just doing a few small favours, you really wouldn't need to actually work again.
Be good for "Big Corp" too as the price of lobbying will go down, especially with most representatives being ordinary people it'll take much less blow (perhaps just beer) and cheaper hookers.
With the ban on felons it'll be easy to disqualify anyone as well since ever
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History tells us that citizens sleeping when things like these happen ends very, very badly.