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United States Government The Courts Your Rights Online News

How The Government Spies On Your Internet Use 641

intnsred writes "In explaining the recent PATRIOT act ACLU lawsuit, a D.C. civil rights lawyer writes, "I am sure that many of you reading this (and I, likely) have the government in our computers....Until now, we did not know much about how the government goes about this procedure. Now we do." Fascinating details of the case and how easy it is for the gov't to get warrantless access to you through your ISP. This clarifies and expands a previous /. article."
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How The Government Spies On Your Internet Use

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  • meh (Score:5, Funny)

    by gareth6889 ( 745319 ) on Monday May 31, 2004 @06:43AM (#9295388)
    they cant get into my commodore 64!

    Mmmmm Zak McKracken :)
  • ... because my tinfoil beanie blocks their mind-control rays. (complete with propeller)

    • Fercryinoutloud, everyone knows the propeller scrambles the transmissions so you can't accidentally zap bystanders with backscatter mind-control radiation.

      On the other hand, randomized backscatter mind control radiation might be the easiest way to explain the behavior of certain [microsoft.com] companies [sco.com].
  • USA = China-Lite (Score:5, Insightful)

    by Anonymous Coward on Monday May 31, 2004 @06:47AM (#9295400)

    i guess if you keep repeating "but we are free" enough people will believe it

    50% of USA still think Saddam and Al-Queda are connected so it shows psy-ops works

    • by Dumbush ( 676200 ) on Monday May 31, 2004 @12:17PM (#9297119)
      The sad part is, China is getting better, sloooooowly

      USA is getting worse, at the speed of light

      I need to go now. Anyone mind to dig up the most recent human right index ranking report(or whatever it's call)? The one that made the US opted out the human rights organization 2 years ago
      • by Bob Uhl ( 30977 )
        We generally get low marks in human rights rankings because we have the temerity to execute serial killers, murder-rapists and suchlike. Boo-frickin-hoo.
  • by Anonymous Coward on Monday May 31, 2004 @06:48AM (#9295401)
    I work at a small ISP, and I've never seen any requests for passwords or email from any law enforcement agency in the 4 years I have worked here. We have around 50,000 customers in the Northeast US. We do, however, get 1 or 2 requests per month from the RIAA or MPAA to warn our customers about distributing copyrighted material.
    • Saves them from dealing with many small fish.
      • terrorists are not that dumb to send unencrypted emails about their plans

        they can use web sites, ssl connections, etc

        noone is able to monitor (and decrypt) all ssl connections, but if they can get an access to the site itself (when it is running on ISP's server) they can easily get all the information they need

        on the other side, i'm running smtp server and web server on my own pc at home

        so i'm lucky that i'm not an US citizen, otherwise i would be probably accused of terrorism because FBI cannot get acc
    • by allgood2 ( 226994 ) on Monday May 31, 2004 @07:55AM (#9295649)
      No offense but how would you know? Typically speaking these requests go to heads of operation (position titles vary) and they also include a gag order around them. For example, our local library has received numerous requests. Enough so that to get around the fact that they can not tell staff or effected patrons that requests were issued, they started the policy of announcing when no requests were issued.

      It's simple, and effective, and chilling, that the past three staff meetings have had no mention of it.
    • by roystgnr ( 4015 ) <roy AT stogners DOT org> on Monday May 31, 2004 @09:10AM (#9296034) Homepage
      By the time you get a "National Security Letter", it's too late to complain on Slashdot about it, because you'll be under a gag order.

      So instead, today you should make up a webpage stating basically what you've just said above: "I have never seen any requests for passwords or email from any law enforcement agency in my time working here." and post a link to it for us. That way, if you ever do get a NSL, then you don't have to violate your gag order and tell anyone about it, you just need to take down the webpage telling them the opposite and wait for people to notice. ;-)
  • What about /. ? (Score:5, Interesting)

    by Anonymous Coward on Monday May 31, 2004 @06:49AM (#9295403)

    While in their FAQ's they (/.) state that they've only ever removed one comment... how does that apply/work now? Slashdot is an equal target for the PATRIOT act, as well as their hosts and the people who post here... hell even posting under the 'Post Anonymously' option may have certain 'caveats'.

    Food for thought people, food for thought.

    • Re:What about /. ? (Score:5, Insightful)

      by RobotRunAmok ( 595286 ) * on Monday May 31, 2004 @07:16AM (#9295492)
      I thought it was pretty common knowledge that posting as AC while still being logged into /. as your username was a pretty transparent beard to the editors. Also, one of the editors mentioned in IRC once that every comment was trackable by IP records in their logs, but no gov't agency had (as yet) cause to request them.

      Which brings us to this Reality Check: There is no anonymity on the Net, period, full stop, end of story.

      Was there ever supposed to be? (Did I miss a meeting?) Is there some constitutional sub-text granting us anonymity on privately-owned Internet bulletin boards/communities? I don't believe there is... Should there be? Maybe, maybe not, but that's a topic for a different thread.

      If you wanna be happy for the rest of the your life (to paraphrase the old song), never post anything "anonymously" on the Net that you would be uncomfortable scribing on your T-Shirt or your bumper sticker. Obviously, the owners of the boards you frequent don't stress the traceability of their membership's rants because they are in the business of _attracting_ posters, not scaring them away.

      I see this less as an Evil, "They're Taking Our Rights Away, Big Brother is the SuXXor!" thing as I do a testimony to the naivete of so many people raised on the Internet thinking it is some kind of Magic Utopian Prometheus-Provided Happy Cyber-Town Forum and not the built-by-the-military and run-by-businss entity it really is.
      • nope; it is about governmental disregard for constitutionally guaranteed due process rights.

        But I guess conformists/authority-lovers (like you) fail to grasp such distinctions. And I feel quite comfortable airing my sentiments online like this, whereas a bumper sticker would afford people like you the opportunity to vandalize my car.

      • Re:What about /. ? (Score:3, Insightful)

        by miu ( 626917 )
        Which brings us to this Reality Check: There is no anonymity on the Net, period, full stop, end of story.

        But there is an expectation of privacy and we have to be careful not to allow the separate issues of privacy and anonymity to be confused. It is in the interest of those who want to limit free speech to remove the expectation of privacy from communications over the Internet.

        It can also be argued that there are cases where guaranteed anonymity is essential to privacy, but in mosts cases posts to a p

        • Re:What about /. ? (Score:3, Interesting)

          It is in the interest of those who want to limit free speech to remove the expectation of privacy from communications over the Internet.

          I've been posting on the Net since '90. I never had any expectation of privacy. I've also never felt my free speech hindered. (I also think the Founding Fathers did not draft the Bill of Rights to protect either the Anonymous or the Cowards, but I digress...)
      • Re:What about /. ? (Score:5, Interesting)

        by wfberg ( 24378 ) on Monday May 31, 2004 @08:24AM (#9295789)
        Which brings us to this Reality Check: There is no anonymity on the Net, period, full stop, end of story.

        Was there ever supposed to be? (Did I miss a meeting?) Is there some constitutional sub-text granting us anonymity on privately-owned Internet bulletin boards/communities? I don't believe there is... Should there be? Maybe, maybe not, but that's a topic for a different thread.


        Checking out books at the library is also not anonymous, and never has been. However, there is an expectation of privacy; you don't think a librarian would run to the feds to tell them if you read one book too many about Stalin. And even if one librarian did, most of them just wouldn't give a rat's behind, nor would they feel inclined to cooperate with bothersome government requests for information on all sorts of "suspicious" persons. Not without a warrant. That stops a lot of unwarrented (no pun intended) government intrusion right there because there's this little thing called judicial oversight that curtails some of their powers. Suddenly they need a good reason to get that information. Like, due cause.

        The "PATRIOT" act changes that so that librarians, ISPs, banks, etc. are forced by the FBI to spy on their customers on their behalve - on NO basis for suspicion whatsoever. There is NO judicial oversight, and the government is entirely free to do with that information what it wants, and gag everyone involved in the process.

        Are you old enough to remember McCarthy? Read up on him some time.

        This suit is a prime example. The feds can already get secret wiretaps if they want. If this guy was so dangerous, they could just bug his home, attach all sorts of wiretapping equipment on his telephone line, etc. But they're too lazy to do that (or more likely the guy isn't a threat), so they go after the one guy running an ISP, and then tell him that he can't argue; and now that he does he's prohibited from even discussing the effects of the "PATRIOT" act.

        The "PATRIOT" act is just a thinly veiled instrument to establish a secret police that spies on US citizens. Any country that has had such a secret police can tell you how wildly succesful that approach is to enhance "national security".

        There are firms out ther pushing "intelligence" software that can track people's "association" 30 degrees of separation deep. Talk about guilt by association, when it's widely assumed that you know every one in the world in only 6 degrees of separation..

        I see this less as an Evil, "They're Taking Our Rights Away, Big Brother is the SuXXor!" thing as I do a testimony to the naivete of so many people raised on the Internet thinking it is some kind of Magic Utopian Prometheus-Provided Happy Cyber-Town Forum and not the built-by-the-military and run-by-businss entity it really is.

        The toilet at work is owned by your boss. I don't suppose you mind if he is forced to install a covert and secret FBI camera to check for suspicious, well.. weenies..
        • Re:What about /. ? (Score:5, Interesting)

          by maximilln ( 654768 ) on Monday May 31, 2004 @08:47AM (#9295906) Homepage Journal
          -----
          The "PATRIOT" act changes that so that librarians, ISPs, banks, etc. are forced by the FBI to spy on their customers
          -----
          Schools have been using our most gullible resource, children, to spy on their parents for years. Children who are less than conformist are approached more often by counselors and teachers. They're engaged in more conversation and encouraged to tell things about the family. Human society, as a general rule, seems to be a suspicious lot of witch hunters always looking for the next witch.

          I'm not so much worried about coordinated government big-brotherism. I'd like to hypothesize that Big Brotherism doesn't exist. It can't exist. It's too complicated to actually formally exist. What feeds the concept of Big Brotherism are individual abuses made by vindictive people who find themselves in positions of available power and who get their feathers ruffled by someone who isn't in a position of power.

          Like McCarthy. He wasn't targeting all the communist pinkos. He only targeted the ones who personally got under his skin.

          I guess the trick is to fly below the radar. But how does one fly below the radar when they're being squeezed by taxes which keep going up and and up and up?
          • Re:What about /. ? (Score:3, Insightful)

            by Anonymous Coward
            Something I've thought about, Big Brotherism can exist, but I don't think it would be run by a few malicious power mad individuals at the top. I think it would turn out to be more of an emergent behaviour of the type of system in place right now. Nudged in the right direction by some laws just as PATRIOT. Never underestimate the complexity possible from the emergent behaviour of single entities...
  • What's the point (Score:5, Insightful)

    by lachlan76 ( 770870 ) on Monday May 31, 2004 @06:50AM (#9295408)
    What's the point of an 'internet wiretap' when anything important to law enforcement is probably encrypted with a key long enough to take years to crack?
    Am I the only person who has 4096-bit RSA?
    • Re:What's the point (Score:2, Informative)

      by Anonymous Coward
      Can you say, one-time pad? Even if they go quantum they'll never crack it.
    • Re:What's the point (Score:5, Interesting)

      by Delta-9 ( 19355 ) * <delta9 AT gmail DOT com> on Monday May 31, 2004 @07:02AM (#9295448)
      "What's the point of an 'internet wiretap' when anything important to law enforcement is probably encrypted with a key long enough to take years to crack?
      Am I the only person who has 4096-bit RSA?"


      (paranoia-filled comment)

      That is assuming their isn't some backdoor written into that encryption software that would let the gubermint easily decode your heroine habit with some "master key."

      (/paranoia-filled comment)
      • Re:What's the point (Score:5, Informative)

        by DarkSarin ( 651985 ) on Monday May 31, 2004 @07:08AM (#9295470) Homepage Journal
        Okay, mr. Delta-9, that is uber-paranoid.

        This is, of course, why gpg/pgp is such a great idea--an open source encryption method allows you to look for said back-door. Good luck. I don't think you'll find one.

        I do use pgp for my email with certain individuals. Does that likely put me on the 'radar'? Maybe, but if we were all using it, then the gov't would have to rely on other indicators to find suspect emails. Personally, I am in favor of a government that doesn't have the right to look at my information without my permission or a court order. Does this cause a loss in the FBI's ability to gather information? Certainly. Am I willing to deal with that? Absolutely.
        • Re:What's the point (Score:5, Informative)

          by R.Caley ( 126968 ) on Monday May 31, 2004 @07:20AM (#9295504)
          This is, of course, why gpg/pgp is such a great idea--an open source encryption method allows you to look for said back-door.

          Have you read the Ken Thompson's classic paper on putting trapdoors into open source systems [acm.org]?

          • Re:What's the point (Score:3, Interesting)

            by DarkSarin ( 651985 )
            There is a simple method of getting around what he describes (if I understand his argument well enough--not being a C programmer, I may not, so proceed with that in mind!).

            If you compile everything on your system with a compiler to which you have access to the source code, then you should be able to scrutinize these sources. This is similar to the idea of having code that you wrote yourself, only in this case, you need to have access to not just the program's source, but also the compiler's source. In th
            • Re:What's the point (Score:3, Interesting)

              by NoData ( 9132 )
              Well, Thompson's "hack" is a not simple (nor all that likely, right now) in practice, but is certainly not simple to get around in theory. To put it simply, it's a problem of infinite regress. Even if you have the source to the compiler, you may not have the source to the compiler which will compile the new compiler. AND, even if you write a compiler in assembly (not recommended), you do not have access to a hack planted in the assembler. As Thompson points out, such a viral "hack" could planted in the
            • Cart and horse problem:

              "You can take all of your code and inspect it prior to compilation."

              should be:

              "You can use an already compiled text viewer and inspect the code prior to compilation."

              And there lies the interesting bit for the true conspiracy lovers - all text editors could have a basic "grep -v [secret information]" already slipped into their code. Thus, even if you use one of them to check the code for itself you would never see it.

              You need to get to the most basic level to create a "known clea
    • So the next logical question is, where do you keep your key?
    • by DoraLives ( 622001 ) on Monday May 31, 2004 @07:04AM (#9295457)
      Am I the only person who has 4096-bit RSA?

      My guess is that by merely sending data with that sort of encryption, you are waving a red flag in the direction of Those Who Would Seek to Watch Over You.

      At which point other, less straightforward methods may be employed as seen fit by The Watchers.

    • Re:What's the point (Score:3, Interesting)

      by R.Caley ( 126968 )
      What's the point of an 'internet wiretap' when anything important to law enforcement is probably encrypted with a key long enough to take years to crack?
      • Traffic analysis
      • Archive it until hardware catches up and it takes minutes to crack.
      • Get a law passed which makes it illegal for you (or your correspondant) to refuse to give up the key.
      • Make up something you could have sent and use the existance of the tap to give it credability.
      • Send something to you and watch your response.
      • Send something to you
    • by orthogonal ( 588627 ) on Monday May 31, 2004 @09:07AM (#9296017) Journal
      What's the point of an 'internet wiretap' when anything important to law enforcement is probably encrypted with a key long enough to take years to crack?

      Terrorists and foreign government agents use encryption.

      But dissidents and "trouble-makers" don't.


      Terrorists blow things up and kill about 1/10th the number of Americans who die in highway deaths each year [about.com], but in doing do they stiffen our resolve and so never get anywhere near to changing our fundamental America values [cornell.edu].

      But dissidents [aclu.org] and domestic trouble-makers [commondreams.org] can cause real problems for a regime [disinfopedia.org] that calls questioning its mistakes [antiwar.com] tantamount to aiding America's enemies [cnn.com].



      Today is Memorial Day. I hope that all Americans will take time today to reflect on the costs of freedom and the American men and women in our armed forces who have paid for our freedoms with their service, their wounds, and their lives.

      On this Memorial Day [lunaville.org], let's really support our troops by following the advice [military.com] of so many retired [cbsnews.com] officers [nypost.com] and men [armytimes.com] by insisting that "Robert S." [wikipedia.org] Rumsfeld [firerumsfeld.org] and his band of incompetent chicken-hawks [wikipedia.org] resign -- or be fired.

    • by tigga ( 559880 )
      What's the point of an 'internet wiretap' when anything important to law enforcement is probably encrypted with a key long enough to take years to crack?
      Am I the only person who has 4096-bit RSA?

      Do you have your private keys on hardrive? Are you sure nobody has a copy of it?

  • All I can say is.....I'm glad I'm Canadian!! Our government here in Canada certainly isn't perfect....but looking at the USA from the outside, they are heading down the slippery slope towards a police state. As Benjamin Franklin once said, "They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." At this rate, the average American will have neither liberty or safety before long.
    • by Kafka_Canada ( 106443 ) on Monday May 31, 2004 @07:06AM (#9295464)
      What the hell are you talking about?

      First of all, there should be a -1: Tin-foil hat option. Anyway, in Canada the government can seize your property without any kind of warrant, or even notification. Next. look up the Notwithstanding Clause. Finally, Canada also recently psased "anti-terrorism" laws similar to what you're complaining about.

      All in all, neither country is perfect, and neither is heading down a slippery slope toward having "neither liberty or safety" (all right, please stop bashing us over the head with that quote, I know it's not just you but all of Slashdot). You've got plenty of liberties in both countries, and pretty incontestably more in the U.S. Now put down your George Orwell and enjoy the good life.
      • by Anonymous Coward on Monday May 31, 2004 @09:28AM (#9296146)
        All in all, neither country is perfect, and neither is heading down a slippery slope toward having "neither liberty or safety" (all right, please stop bashing us over the head with that quote, I know it's not just you but all of Slashdot). You've got plenty of liberties in both countries, and pretty incontestably more in the U.S. Now put down your George Orwell and enjoy the good life.

        Wake up and read the following!

        The Patriot Act is hideously reminiscent of the "Decree for the Protection of Nation and State" that became law in Nazi Germany in February 1933. Its provisions were described by John Toland, in his masterly "Adolf Hitler", as ostensibly innocuous while in practice destroying every reasonable humanitarian right formerly possessed by the German people. There were "Tribunals set up to try enemies of the state", and Toland observed that Hitler made his legislation (the "Enabling Act") "sound moderate and promised to use its emergency powers "only in so far as they are essential for carrying out vitally necessary measures"." Does that sound horribly familiar? And who would decide whether a measure was "vitally necessary"? " Why, the man wielding total power, of course. ("Trust me!" is ever the cry of the incipient dictator.) So Hitler"s Decree and the Reichstag"s subsequent Enabling Act were never modified or repealed, because they gave the man who was served by a compliant and intensely patriotic legislature the instruments he needed to keep him in total control. This is the reason for Bush"s energetic campaign to prevent the Patriot Act being subject to the existing "sunset clause" whereby most of its more despotic provisions should lapse next year. It was passed by a compliant and intensely patriotic legislature : will it be repealed by one?

        Cloughley [counterpunch.org]

      • Anyway, in Canada the government can seize your property without any kind of warrant, or even notification. Next. look up the Notwithstanding Clause. Finally, Canada also recently psased "anti-terrorism" laws similar to what you're complaining about.

        No, the government cannot seize your property without any kind of warrant, or even notification. The Notwithstanding Clause applies to rights of provinces, not individuals; it allows a province to pass laws that violate the federal Charter of Rights and Freedo
  • Sad, sad, sad. (Score:4, Insightful)

    by AltGrendel ( 175092 ) <`su.0tixe' `ta' `todhsals-ga'> on Monday May 31, 2004 @06:52AM (#9295415) Homepage
    The really sad part about all this is that this is an old tactic with a new name. McCarthy did this kind of thing, Nixon did this kind of thing. This type of person feels fully justified in using any means possible to stay in power. Every time a court tells them they can't do it or a law is passed to stop it, they find a way around. They get a new law or find some loophole in existing laws.

    It you are an American and you don't like this, get out and vote in November.

    • Re:Sad, sad, sad. (Score:5, Insightful)

      by mog007 ( 677810 ) <[Mog007] [at] [gmail.com]> on Monday May 31, 2004 @07:16AM (#9295494)
      What are our options? First of all, the PATRIOT act was passed almost unanimously, and we only pick at best one senator and one representative every vote cycle. It would take at least 4 years to replace everyone that's currently in Congress to fix this thing.

      This brings up the second issue. Who would fix it? Democrats and Republicans sided with the bill. It isn't a matter of changing out one group of people for another, because it won't improve things. We need honest politians, but that's an oxymoron.
      • Re:Sad, sad, sad. (Score:3, Interesting)

        by bhima ( 46039 )
        Vote third party!

        If you are that worried about 'throwing away' your vote find a friend a friend on the opposite side of politics, who is equally disturbed by goings on, and convince her to vote 3rd party too.

      • They're all the same (Score:5, Interesting)

        by Infonaut ( 96956 ) <infonaut@gmail.com> on Monday May 31, 2004 @10:51AM (#9296635) Homepage Journal
        It isn't a matter of changing out one group of people for another, because that won't improve things.

        Right. They're all the same. Always have been, always will be.

        * Carter tried to distance the US from dictators, took the Soviets at face value when they claimed to desire co-existence, and was shocked when they invaded Afghanistan.

        * Reagan believed in the notion that it's better to have a dictator who is on our side than a totalitarian ruler opposed to us, and he pushed the Soviet Union to collapse by forcing them into an arms race they couldn't win.

        * Bush 1 put together a very strong alliance to drive Saddam out of Kuwait, but didn't take over Iraq for fear of breaking the trust he had established with the Coalition partners.

        * Clinton believed in working in close concert with America's European allies wherever possible, did not believe in unilateral "regime change," and deliberately limited the scope of operations against Serbia and in the Middle East, believing that effective use of American "soft power" ultimately provided better results than constant use of "hard power."

        * Bush 2 eschewed long-standing European alliances and incorporated pre-emptive invasion and regime change as a core element in American foreign policy oriented almost exclusively around hard power. His post-liberation plans were based on faith-based intelligence and wishful thinking.

        You're so right. No differences between them. Give up your right to vote, and let the knee-jerk flag-waving "Creationism is science" crowd take over America.

      • Re:Sad, sad, sad. (Score:3, Interesting)

        by jdbo ( 35629 )
        This is an uninformed comment; it fundamentally assumes that politicians never change their minds, and always make their decisions within an unchanging bubble unaffected by circumstances.

        the P. act (can't stand to call it by it's full acronym) was passed during a time of overwhelming stress and near hysteria in the U.S. We are in more sober times, now (thanks to two successful invasions and two failing post-invasion reconstructions).

        Furthermore, the P. act was passed with an incredible lack of congressio
  • Encryption (Score:3, Interesting)

    by tindur ( 658483 ) on Monday May 31, 2004 @06:54AM (#9295421)
    If all email was encrypted by default the spies would need a lot of computing power.
  • by Alain Williams ( 2972 ) <addw@phcomp.co.uk> on Monday May 31, 2004 @06:56AM (#9295424) Homepage

    • Numerous words, sentences and entire sections of the documents related to the suit, which are posted on the group's website, remain blacked out.

    Great shame that they didn't post it as a MS word document having just blacked out the offending sections. What did you say about an undo facility ?

  • by MosesJones ( 55544 ) on Monday May 31, 2004 @06:57AM (#9295425) Homepage

    Can someone please explain to me how this is indicative of the principles on which the USA was founded ? On where John Hancock and his mates saw a US goverment with the ability to spy on its own citizens, and on how this all makes sure we have a goverment "of the people, by the people and for the people" ?

    I might be a bit depressed having just re-read 1984, but with the US and Airstrip 1... I mean Britain, working together on a strategy underpinned by propoganda and the continual spying on its citizens by the US Goverment you have to ask whether Orwell was just out by 20 years.

    Jeb's Big Brother is in the Whitehouse folks, trouble is he kind of looks likes everyones Big Brother right now.
    • by HolyCoitus ( 658601 ) on Monday May 31, 2004 @07:17AM (#9295495)
      Simply explained, this is from the erosion that has been going on for a LONG time. After every war, the government wanted new rights to make sure that no one inside the country were on the other side. At least, they said that. During the US civil war Lincoln stripped away as many civil rights as you could imagine. After WW2, there just wasn't the same protections. People were so scared, so they allowed this to happen, and it still happens today.

      As FDR said, the only thing we have to fear is fear itself. We're afraid right now. And that, personally, makes me worried about what is going to happen.
    • Heh, yes. As seen from this side of the Atlantic (Finland, Europe), your land seems to be one damn big contradiction. You claim to be the cradle of freedom in the world. You mobilize your biggest-in the-world destroying forces to go killing for freedom to some country in the Middle East. The most yankees i've seen just don't stop praising the freedom of USA. But in reality it seems more and more like you're becoming the 1984 of our time.

      Now as this is a mainly yankee forum, I'd like express what I see is w

  • by Whitecloud ( 649593 ) on Monday May 31, 2004 @06:57AM (#9295428) Homepage
    Just assume you have no privacy, at least not in the classical sense of the word.
    • Obviously the major concern is about the damage done to individual privacy, but there's another side to it that, in the long run, can be just as important.
      When a government agency begins covertly compiling personal data on individuals, it sets in motion a long chain of events that can have implications far beyond the act of gathering data.
      While it is easily possible to keep such record gathering secret for a period of time, history shows that eventually these efforts tend to make it into the publi
  • by arvindn ( 542080 ) on Monday May 31, 2004 @07:00AM (#9295436) Homepage Journal
    Romero said that not only is the gag order affecting how he and other staff at the ACLU can talk about the case, but it is having an impact on the broader activities of the organization, which has been actively engaged in educating and organizing against the Patriot Act since the law's inception in late 2001.

    In other words, the Patriot act is being used to stifle dissent against the act itself.

    • by 1u3hr ( 530656 ) on Monday May 31, 2004 @07:11AM (#9295476)
      In other words, the Patriot act is being used to stifle dissent against the act itself.

      "The girls were crying. 'Did we do anything wrong?' they said. The men said no and pushed them away out the door with the ends of their clubs. 'Then why are you chasing us out?' the girls said. 'Catch-22,' the men said. 'What right do you have?' the girls said. 'Catch-22,' the men said. All they kept saying was 'Catch-22, Catch-22.' What does it mean, Catch-22? What is Catch-22?"

      "Didn't they show it to you?" Yossarian demanded, stamping about in ager and distress. "Didn't you even make them read it?"

      "They don't have to show us Catch-22," the old woman answered. "The law says they don't have to."

      "What law says they don't have to?"

      "Catch-22."

      • by Anonymous Coward on Monday May 31, 2004 @07:35AM (#9295569)
        The solution to the Catch-22 problem is don't play the game. Don't obey any laws passed by these people, disobey any order or any ruling of authority as a matter of principle. As Americans, you're supposed to be free. Prove it by revolting against unjust laws.
        • The solution to the Catch-22 problem is don't play the game. Don't obey any laws passed by these people, disobey any order or any ruling of authority as a matter of principle. As Americans, you're supposed to be free. Prove it by revolting against unjust laws.

          Yossarian tried that solution in the book, and it didn't work: Done properly, civil disobedience is a powerful way to protest unjust laws -- and by done properly I mean that you announce your intent to break the law, break it, and then publicly an

  • Newsflash! (Score:5, Insightful)

    by Timesprout ( 579035 ) on Monday May 31, 2004 @07:01AM (#9295446)
    They are (supposedly) elected representatives of the people, its in your power to sack them if you are unhappy with what they are doing. Start explaining vociferously to you CongressPerson/Senator what the issue is and act with your ballot.

    That aside, I am surprised at how strongly I feel about the by passing of legal stewardship in these issues. Normally I dont have alot of time for them but they do have their uses in a checks and bounds system. Obviously secrecy is required to carry out these operations but whats so hard about going to a judge if you have a valid case ? I think the recent statements by Ashcroft are indicative though. After Sept 11 all Arabic young men were potential terrorists. Now this has been expanded to include all young/middle aged/fathers/European looking Arabic men. No doubt Europeans and Asians will soon be included based on this logic.

    Its becoming a concern that the US its leaders and institutions are becoming more and more isolated from the people they are supposed to represent and serve.
    • Re:Newsflash! (Score:3, Interesting)

      by maximilln ( 654768 )
      -----
      its in your power to sack them if you are unhappy with what they are doing
      -----
      That must be the special formula crack#9 you're smoking.

      -----
      Start explaining vociferously to you CongressPerson/Senator what the issue is and act with your ballot
      -----
      There's no one else to vote for. Dems and Pubs, same body, different head.

      -----
      Its becoming a concern that the US its leaders and institutions are becoming more and more isolated from the people they are supposed to represent and serve
      -----
      I'm not going to
  • by m1kesm1th ( 305697 ) on Monday May 31, 2004 @07:08AM (#9295469)
    Numerous words, sentences and entire sections of the documents related to the suit, which are posted on the group's website, remain blacked out.

    Sounds like a job for Claire Whelan, a dictionary and text analysis software.

    http://slashdot.org/article.pl?sid=04/05/16/1448 21 4&mode=thread&tid=126&tid=172&tid= 93
  • Not my ISP (Score:5, Funny)

    by IWantMoreSpamPlease ( 571972 ) on Monday May 31, 2004 @07:14AM (#9295488) Homepage Journal
    The company I work for owns an ISP.

    We too, have had several "requests" from the RIAA for users info, etc. We told them to fuck off and get a warrant.

    Haven't seen nor heard from them again.

    Ditto the US feds.

    Some ISPs have a backbone you know.
  • by GrimReality ( 634168 ) on Monday May 31, 2004 @07:22AM (#9295511) Homepage Journal

    One could argue that the government is using unfettered powers to protect the people by finding out who could be potential 'terrorists'.

    Now the problem is, who is a 'terrorist'?? Who defines the term 'terrorist'?

    For instance take this ridiculous example (only to make a point, and makes silly assumptions that does not reflect their true nature):

    Say, in a Democrat controlled (assume that they are all pro-Abortion etc.) government, would I be a terrorist if I advocated avoidance of abortion and extolled the virtues of abstinance?

    Say, in a Republican controlled (assume that they are all xenophobic and White only), would a person be a terrorist if he/she were of Middle-Eastern descent.

    Say, in a Stallmanist regime, would Bill Gates be a terrorist for advocating non-free software :-)

    Another irritating point is the use of fancy words to which you cannot say anything near 'no' or 'I object' without the danger of being attacked, like 'Pro-Choice', 'Pro-Life', 'USA Patriot Act', 'Homeland Security', 'Intellectual Property' without looking like a bigot, one-who-condones-murder, unpatriotic, one who does not care for their patriotic duties to protect their homeland and one who condones thieving, respectively..

    I have leaned to view everything with such names with suspicion.

  • by hot_Karls_bad_cavern ( 759797 ) on Monday May 31, 2004 @07:42AM (#9295591) Journal
    People, write you representatives and congresspersons and let them know you are *tired* of this shit.

    And for fuck's sake, VOTE IN NOVEMBER!
  • by tassii ( 615268 ) on Monday May 31, 2004 @07:53AM (#9295630)
    I don't have a problem with the concept of the Patriot Act. There must be a way for the law-enforcement agencies to be able to track criminals. We had the same problems with drug dealers and cellphones.

    The obvious (and constitutional solution) is to have judicial oversight. Just like the s.o.b.s at RIAA, you must go to a judge somewhere and say "we suspect this person of doing this. Please give us a search warrant." No problem. The FBI would be limited in what information they can use for procecution. That is the way the Constitution is supposed to work.
  • Old news... (Score:4, Insightful)

    by blankmange ( 571591 ) on Monday May 31, 2004 @08:06AM (#9295692)
    As several have already noted, this is not news, just a confirmation of what most of us already suspected.

    To think that the fed does not tap/read email or any other electronic transmission, this posting included, is simply delusional. All the paranoia in the world will not protect you from this, only 2 things can fix this:

    1. Never log on to the net, never use your telephone, never mail anything via USPS. There, now you are safe.

    2. Make a change in goverment - the election process. Yeah, I know it is a slow, ugly process to get any kind of change done, but it is the only way to effect change in this country.

  • by tehanu ( 682528 ) on Monday May 31, 2004 @09:10AM (#9296036)
    The description of this case reminds me of two things. The almost farcial nature of many of the rules and regulations in Catch 22. Secondly the way trials were conducted in China when the Communists came to power. As my grandparents tell it, they'd put you on trial but the best thing is they *won't* tell you OR the public what the charge is! The assumption being that if the government puts you trial, obviously you are guilty and the whole point of the trial is to exact your public confession. To make it even better they were allowed to beat and torture you until you confess. The problem being that not knowing what the charge is, even if you wanted to falsely confess to stop them beating you, you couldn't! The only way around this is if you had contacts amongst the Communist officials who would tell you the charge so you could say "Yes, I stole Mr Lee's chickens last Saturday". You'd get punished, but at least you'd skip the whole beating and torture business. And of course the info on which the trial is based on were usually informants, of whom they never tell you who it is or what the details of the evidence were (as I said, they didn't even tell you the details of the charge) so that you have absolutely no chance of defending yourself against the evidence as you are not allowed to see any of the evidence!

    Of course the details of what's going on in the US is doing is different from what my grandparent's described about China, but the whole farcial nature, the whole "Sorry we can't even talk about what the charge is." (at least the defendents are allowed to know), the whole beating and torture until you confess (Guantonomo Bay), the whole lack of oversight to prevent abuses, the whole "we can't allow you to see/challenge the evidence/witnesses" (that trial in the US right now with that guy connected to 9/11) seems very very similar. And with the recent torture cases in US prisons in Iraq, Afghanistan etc the US is sliding down a very slippery slope.
  • by Orion Blastar ( 457579 ) <orionblastar@@@gmail...com> on Monday May 31, 2004 @09:25AM (#9296134) Homepage Journal
    How soon we forget these two technologies?

    Magic Lantern is the government virus that AV makers are told not to detect and remove. It logs keystrokes, steals passwords, monitors internet activity, etc.

    Carnivore, or whatever it is called now, is that box the Feds put on almost every major ISP out there to monitor network traffic and forward the info to the Fed database. It uses packet sniffers, and checks for certain key words.

    These technologies are still being used to Spy on US citizens, Green Card Holders, Visa holders, etc.
  • by Brian_Ellenberger ( 308720 ) * on Monday May 31, 2004 @09:30AM (#9296152)

    Part of the problem is a "damned if I do, damned if I don't" atmosphere in Washington for a president. If you implement things like the Patriot Act and increased spying you are dinged for eroding liberties and not living up to your country's ideals. If you *don't* implement them and something happens (aka 9-11) you are dinged for not "doing enough" and all your opponents open up multi-year inquisitions into why you didn't stop it.

    Noone said after 9-11 "Well, that sucked. But that's the price of living in a free society. We could have engaged in massive spying and black ops and we could have made it a living hell for any Muslim to get on a plane but we didn't because we wanted freedom." No, instead we open up commissions and inquiries and try to assign blame

    And note that this same process would have happened no matter if a Democrat or a Republican were in office. I can't imaging what kind of criticism Gore would have faced during 9-11 from the right. Most likely, something like "See you elected that spineless eco-hippy and he let THIS happen."

    We need to drop this "us vs. them" attitude FACT. Otherwise our country is in serious trouble. It is not healthy for political discourse when you believe your side is the almighty righteous and the other side is Hitler reincarnated (Bush for lefties and Hilary for righties).

    Brian Ellenberger
  • by Animats ( 122034 ) on Monday May 31, 2004 @11:09AM (#9296754) Homepage
    The real info is here, on the ACLU's website. [aclu.org]

    A few key points:

    • Patriot Act demands are supposed to be handled at the FBI Director level. But the FBI has delegated authority to issue them all the way down to the Special Agent in Charge [aclu.org] at each FBI office.
    • The FBI has turned over a "list" of National Security Letters [aclu.org] to the court. All the information is blacked out.
    • The FBI wants the name of the ISP involved kept secret. But from this deposition [aclu.org] it's very tiny. "I am the President and sole employee of (blacked out)". He's currently subject to a gag order, and the ACLU is trying to get that lifted.
    • The ACLU recently moved for summary judgement in this case, because there are no factual issues in dispute. This will need to be resolved on appeal, as a constitutional issue.
  • by 0x0000 ( 140863 ) <zerohex.zerohex@com> on Monday May 31, 2004 @12:35PM (#9297212) Homepage

    In spite of the fact that the debate about the alleged "War on Terror" is lively and informative, I think it represents a good bit of cyber-turfing in support of various non-domestic agendas.

    The article is about the abuse of the US legislative, judicial, and enforcement power to silence and oppress american citizens, yet the bulk of the discussion seems to be about the war. It's a classic case of diversion, imo, depite the fact that many valid points are being made on other (arguably related) subjects.

  • by mabu ( 178417 ) on Monday May 31, 2004 @02:34PM (#9297802)
    Al Gore's speech last week touched on some of the issues here and I think he expressed them poignantly. Everyone should see this speech. video [c-span.org] or audio [rbn.com].

    "President Bush is claiming the unilateral right to do that to any American citizen he believes is an "enemy combatant." Those are the magic words. If the President alone decides that those two words accurately describe someone, then that person can be immediately locked up and held incommunicado for as long as the President wants, with no court having the right to determine whether the facts actually justify his imprisonment.

    Now if the President makes a mistake, or is given faulty information by somebody working for him, and locks up the wrong person, then it's almost impossible for that person to prove his innocence - because he can't talk to a lawyer or his family or anyone else and he doesn't even have the right to know what specific crime he is accused of committing. So a constitutional right to liberty and the pursuit of happiness that we used to think of in an old-fashioned way as "inalienable" can now be instantly stripped from any American by the President with no meaningful review by any other branch of government.

    How do we feel about that? Is that OK?

    Here's another recent change in our civil liberties: Now, if it wants to, the federal government has the right to monitor every website you go to on the internet, keep a list of everyone you send email to or receive email from and everyone who you call on the telephone or who calls you - and they don't even have to show probable cause that you've done anything wrong. Nor do they ever have to report to any court on what they're doing with the information. Moreover, there are precious few safeguards to keep them from reading the content of all your email.

    Everybody fine with that?

    If so, what about this next change?

    For America's first 212 years, it used to be that if the police wanted to search your house, they had to be able to convince an independent judge to give them a search warrant and then (with rare exceptions) they had to go bang on your door and yell, "Open up!" Then, if you didn't quickly open up, they could knock the door down. Also, if they seized anything, they had to leave a list explaining what they had taken. That way, if it was all a terrible mistake (as it sometimes is) you could go and get your stuff back.

    But that's all changed now. Starting two years ago, federal agents were given broad new statutory authority by the Patriot Act to "sneak and peak" in non-terrorism cases. They can secretly enter your home with no warning - whether you are there or not - and they can wait for months before telling you they were there. And it doesn't have to have any relationship to terrorism whatsoever. It applies to any garden-variety crime. And the new law makes it very easy to get around the need for a traditional warrant - simply by saying that searching your house might have some connection (even a remote one) to the investigation of some agent of a foreign power. Then they can go to another court, a secret court, that more or less has to give them a warrant whenever they ask.

    Three weeks ago, in a speech at FBI Headquarters, President Bush went even further and formally proposed that the Attorney General be allowed to authorize subpoenas by administrative order, without the need for a warrant from any court.

    What about the right to consult a lawyer if you're arrested? Is that important?

    Attorney General Ashcroft has issued regulations authorizing the secret monitoring of attorney-client conversations on his say-so alone; bypassing procedures for obtaining prior judicial review for such monitoring in the rare instances when it was permitted in the past. Now, whoever is in custody has to assume that the government is always listening to c
  • by Sethra ( 55187 ) on Monday May 31, 2004 @03:19PM (#9298047)
    At about the time our original 13 states adopted their new constitution, in the year 1787, Alexander Tyler (a Scottish history professor at The University of Edinburgh) had this to say about "The Fall of The Athenian Republic" some 2,000 years prior.

    "A democracy is always temporary in nature; it simply cannot exist as a permanent form of government. A democracy will continue to exist up until the time that voters discover that they can vote themselves generous gifts from the public treasury. From that moment on, the majority always votes for the candidates who promise the most benefits from the public treasury, with the result that every democracy will finally collapse due to loose fiscal policy, (which is) always followed by a dictatorship."

    "The average age of the worlds greatest civilizations from the beginning of history, has been about 200 years. During those 200 years, these nations always progressed through the following sequence:

    From Bondage to spiritual faith;
    From spiritual faith to great courage;
    From courage to liberty;
    From liberty to abundance;
    From abundance to complacency;
    From complacency to apathy;
    From apathy to dependence;
    From dependence back into bondage."

    I'm pretty sure we're right in around the apathy phase...
  • by geekotourist ( 80163 ) on Monday May 31, 2004 @03:55PM (#9298282) Journal
    The Electronic Frontier Foundation [eff.org] also has been analyzing and working on the PATRIOT ACT [eff.org]. While the EFF doesn't have the budget of the ACLU, it has a goal of staying ahead of the game on implications of new technologies as they intersect with old laws.

    For example, back when talk of "the importance of 128 bit encryption in your browser" would have been met with blank stares by most organizations like the ACLU, the EFF was fighting for the right to real encryption [eff.org]. Privacy, technology and Carnivore? [eff.org] Or DRM and HDTV and the implications for Fair Use? [eff.org]

    But like any non-profit, especially small non-profits, the EFF is limited by the amount of funding it has: they more you donate, the more cases they can take. So donate or volunteer now [eff.org]-- its your freedom of technological development insurance policy. It helps to ensure you can call someone who'll understand why your prosecution under the "2006 XYZ DRM Technobabble Here Act" has constitutional implications. The EFF was there for 2600 [eff.org] and Dmitry and many more [eff.org]. How many other organizations would have been ready to care about DeCSS or UCITA... not many. Other organizations get cases that 20 million people really care about. The EFF has taken cases that only a fraction of Slashdot cares about- but are still just as important. (Slashdot has 100's of thousands of readers. The EFF has an order of magnitude less members. Why haven't you joined? Quantity isn't everything, but it helps impress the congresscritters and it makes it more likely they can afford to take your case when you call them up. Take your case to the Supreme Court if needed.)

    Parenthetically, 2600 wasn't an easy posterboy for programming rights case: neither the government nor the RIAA / MPAA / Disney conglomerates are ever going to be that nice. The EFF took the case anyways.

  • Simple equation (Score:3, Insightful)

    by deblau ( 68023 ) <slashdot.25.flickboy@spamgourmet.com> on Tuesday June 01, 2004 @11:57AM (#9304782) Journal
    If I'm going to be terrorized by someone, I'd rather it be by actual terrorists than by my own government. If they're going to take down my country, they're going to have to do it one building at a time, dammit, and I'll be casting votes based on it. I'm going to law school in Chicago in the fall, my rep is Danny Davis from the IL 7th. He voted against [house.gov] the PATRIOT Act, one of 66 NAY votes. Maybe you should check up on your rep and see how they're doing.

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