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Exception Expands Domestic Surveillance 320

drDugan writes "The Washington Post is reporting the next phase of American progress authorizing intelligence agencies to spy on law-abiding citizens without oversight. Primarily, new legislation allows an 'intelligence exception' to the privacy act 'allowing the FBI and others to share information gathered about U.S. citizens with the Pentagon, CIA and other intelligence agencies, as long as the data is deemed to be related to foreign intelligence. Backers say the measure is needed to strengthen investigations into terrorism or weapons of mass destruction.'"
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Exception Expands Domestic Surveillance

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  • by geomon ( 78680 ) on Monday November 28, 2005 @03:24PM (#14131978) Homepage Journal
    With every iteration of goverment expansion to 'help' or 'protect' people we end up with more of this horseshit. A few people are having problems getting enough to eat? Increase taxes and feed everyone (even those who can fend for themselves). Don't like your neighbor getting high? Start a war on drugs. Three thousand people get killed in a terrorist action? Take everyone's civil liberties away.

    National governments do few things better than non-profit community organizations and local governments. National government policies are over arching and generic. They often do not take into account local priorities and rarely meet their grand objectives despite spending billions of dollars.

    This action is nothing new. Surveillance will always be pitched in the guise of protecting lives. Nothing is ever said about the potential pitfalls of giving the government unlimited surveillance powers. If you listen to the proponents of universal surveillance, no one will EVER use the information gathered for political advantage. No one will EVER harrass a political opponent based on intelligence gathered in a terrorist investigation. And because all of this data is gathered under the cloak of NATIONAL SECURITY, no one will ever *see* the information in order to check its veracity.

    This is just one more example of bureaucracies grabbing power in the midst of national uncertainty. If you have ever worked either in a federal agency or as a contractor to one, you will recognize this as one more example of empire building. After they get these surveillace powers, they will need more staff and resources to maintain them. That means more Directors, more Assistant Directors, more Section Managers, and so on. Their budgets will increase and the deficit will continue to climb.

    Isn't it ironic that the Chinese government is helping to fund the War in Iraq AND the eradication of US civil liberties?

    Open your wallet, bend over, and get ready to get your McCarthy injection.
    • by dada21 ( 163177 ) * <adam.dada@gmail.com> on Monday November 28, 2005 @03:28PM (#14132014) Homepage Journal
      Don't like your neighbor getting high? Start a war on drugs. Three thousand people get killed in a terrorist action? Take everyone's civil liberties away.

      No, that's not the case... Your questions are more in line as such:

      1. Don't like people medicating with drugs made by groups that don't bribe politicians?
      2. Three thousand people get killed because the politicians before you killed millions of non-citizens?

      Surveillance will always be pitched in the guise of protecting lives.

      Which is why we need to show this for what it really is: extending the financial income of those voting for the bill.

      Isn't it ironic that the Chinese government is helping to fund the War in Iraq AND the eradication of US civil liberties?

      Not really. The Chinese government has been culpable for a decade by continually buying our counterfeit dollars that Greenspan has been printing in high speed. What surprises me more is that I meet people every day who still have a love for government.
      • Which is why we need to show this for what it really is: extending the financial income of those voting for the bill.

        That's half the story. The other half is that power corrupts, and those with power strive to make it absolute. To many in power, privacy laws stand in the way of achieving perfect control through unlimited access to information on the citizens they proport to protect.

        History, time and again, shows us exactly what comes from totalitarianism, which is where we are headed - a state that knows everything, and thus believes it can control everything. Government surveillance is merely the first step in control - being able to observe any behavior.

        However, following closely behind is "controlling" such behavior. Then we start to see erosion in freedoms of speech, assembly ("freedom zones"), press, to the point of controlling media, information, even what people read or their levels of education, all in a nod to the "greater good."

        This is a scary, greased up near-zero friction slippery slope with a locomotive sliding down it - good luck stopping said locomotive. We can bitch all we want on Slashdot, but the Patriot Act still stands, and legislation like that mentioned above is introduced almost daily. How does one - or even one group - fight such a relentless onslaught, such a tireless battle?? Most people in the US don't know and don't care about these erosions until it's just a little too late.

        Call it conspiracy theory if you like, but I'm nervous.

        • Four boxes: soap, ballot, jury, ammo. Use in that order. Soap box clearly isn't working, and ballot box is starting to have problems. It won't be long before folks end up doing the whole civil disobedience thing again, which takes us right into the jury box. Let's hope it doesn't go any farther than that. Thus far, in the history of the U.S., that has only really happened once... which interestingly enough was also basically a battle between individual freedom and the perceived comfort of the general p
      • It's not like the government governs itself and is a seperate entity. The government cannot function without businesses, big powerful businesses. $1 = 1 vote? or should it be 1 business = 1 vote?

        If all the small business owners in the country could vote and people who don't run businesses cannot vote, then the owners would most likely vote for a much fairer, free market economy. If all the business owners could vote, there would be no more monopolys like Microsoft. The RIAA would most likely be given an equ
      • What surprises me more is that I meet people every day who still have a love for government.

        I tend to think it's not so much that people love government as much as they shudder when presented with the libe-anarcho alternatives. Libertarians have no solution for private entities amassing crushing power. Anarchists have no solution for anything. All-in-all, given a choice between private organizations I have absolutely no control over being in control vs. a government over which I could, if sufficiently m

      • Newsflash: People need a government. No matter how individual and sophisticated you think you are (yes, reader, this means you too), the average person needs to be told what to do. It is naive and unrealistic to think otherwise.
    • Be careful what you post here... I am sure they are reading it.... HaHa (er, i think thats a joke???)
      • How many posters have their real names or other private information associated with Slashdot?
        • Me, for one. It's my belief that if they are surveiling me (Hi, guys!), that I will produce more information than they can possibly process with a team of 100 dedicated people. Yes, that's right. I sign-up for mailing lists, brochures, make phone calls, Internet posts, buy everything with a credit card whenever possible, and generate superfluous data whenever possible. I don't want to be watched over, but if they are watching, they're gonna get an eye-and-a-half full! Why not put on a show? Masturbate at y
    • ...was that there actually were high ranking US government officials who were Soviet spies, including some paid by the Soviets [wikipedia.org].

      If you think that's a good thing (or that ignoring it is a good thing), then we probably won't see eye to eye...

      I mean, if you shouldn't try to stop people who are paid by your national enemies, or who espouse the core political and ideological ideals of your national enemies, then why even have nations and borders? If any national government is legitimate, it stands to be protected
      • by dada21 ( 163177 ) * <adam.dada@gmail.com> on Monday November 28, 2005 @03:36PM (#14132090) Homepage Journal
        Actually, the McCarthy affair wouldn't have occured if our U.S. Congress stuck to their prescribed Constitutional powers. The Federal government is so restricted by the Constitution that no group would really have much power to do much, including Communists, Democrats, Republicans, whoever.

        The answer is simple: reduce federal power to the Constitutional maximum.
        • by daveschroeder ( 516195 ) * on Monday November 28, 2005 @03:46PM (#14132207)
          That's one of the best prescriptions for a solution to such problems that I've ever heard.

          If the federal government's power was as limited as the Constitution laid out, the concerns about the broad implications of "spies" in government would be moot.
          • Thanks. It is also one that I think I could live by, even though I consider myself an anarchocapitalist.

            If we could return to the days of a very limited federal government, the citizens could pick the State that best suits their beliefs. The federal government was built to make sure the States don't trample on the rights of the citizens, and to defend our borders. They were not set up to offend other countries or tax or surveil or build railroads.

            I see you're a teacher: I also believe the federal governm
        • "The answer is simple: reduce federal power to the Constitutional maximum."

          This is the classic conundrum of "Who guards the guards?"

          If the problem so far is that the current members of the federal government are no longer exercising restraint, we can't trust them to take a step back. They can't do their own reducing. Thus, we need another organization to reign in the powers of the federal government. OK, now what keeps that group in check? Well, we need another group to watch that group...
          • We had an authority over a large central government: the States. Until the 17th Amendment destroyed [articlev.com] the State guardians, that is.

            The War Between States (aka Lincoln's Civil War) was not about slavery, it was about getting away from the tyranny of Clay and Hamilton's American System of Mercantilism.
      • by geomon ( 78680 ) on Monday November 28, 2005 @03:49PM (#14132234) Homepage Journal
        If you think that's a good thing (or that ignoring it is a good thing), then we probably won't see eye to eye...

        I was in the midst of doing an investigation on a piece of rural farm land for a property transaction in Southern Idaho. Part of that investigation required that I go to the local courthouse and look up records attached to that particular parcel. As I was scanning through the record books, I came across a whole section of records that all started and ended in roughly the same language. They were filed around the time of the McCarthy Army investigations. All of the people who filed these documents were doing so because they feared being labeled as Communists by a local demogogue who was riding along on the Red Scare. They were oaths of allegiance to the United States.

        The thing that pisses me off about that whole record set is that all of these people were in fear of their OWN FUCKING GOVERNMENT. Not one spy would have missed an opportunity to follow the herd and file their own oath. So what did that exerise do in improving the security of the US? Not one fucking thing.

        You are right: If you think that making people fear their government in order to MAYBE catch some spies is a good thing, they we will definately not 'see eye to eye".

        I mean, if you shouldn't try to stop people who are paid by your national enemies,

        You know I never said that, so beat your strawman by yourself.
        • I agree with everything you said about the Red Scare. The oaths, and associated similar crap, do NOTHING. I wasn't arguing they did.

          And I'm not trying to use a strawman argument. But your implication with your McCarthy statement ("bend over") was clear. How else should that be taken? And the thing always ignored about McCarthy was that he was *right*. I'm NOT saying that the ensuing methods and madness were appropriate.

          But once we found and suspected paid Soviet spies in government and press, including some
          • And I'm not trying to use a strawman argument. But your implication with your McCarthy statement ("bend over") was clear. How else should that be taken? And the thing always ignored about McCarthy was that he was *right*. I'm NOT saying that the ensuing methods and madness were appropriate.

            Then you are not arguing that McCarthy was right. He never uncovered spies; he carried around a stupid brief case that he claimed contained the names of known foreign agents working in the State and Defense Departments. I
          • by B'Trey ( 111263 ) on Monday November 28, 2005 @04:06PM (#14132392)
            And the thing always ignored about McCarthy was that he was *right*.

            Saying that McCarthy was right is like saying that the practice of lancing a patient and bleeding them half to death was right, because, after all, the patient really was sick.

            But once we found and suspected paid Soviet spies in government and press, including some high posts, what should our reaction have been?

            How about not going on a witch hunt? How about conducting a legitimate investigation? How about taking the evidence before a judge and getting a warrant to tap phones or search offices or whatever else needs to be done in the legitimate interest of national security? How about arresting and jailing or deporting those guilty once you've amassed enough evidence to convict them?

          • McCarthy wasnt right you ass, he was a nut bent on destroying the life of anyone who got in his way. He was the anti-american. THere was no due process, there was no justice and his trials would make soviet russia look like jurisprudence.

      • That's not funny. What's hilarious about McCarthy is that he didn't know about VENONA. McCarthy was talking out of his ass and randomly targeting people who were Communist sympathizers instead of attacking Soviet spies. If anything, McCarthy helped the Soviets by eventually convincing people that the Red Scare was a witch hunt.
      • by j-turkey ( 187775 ) on Monday November 28, 2005 @05:45PM (#14133200) Homepage
        ...was that there actually were high ranking US government officials who were Soviet spies, including some paid by the Soviets.

        The funny thing about the VENONA files was that McCarthy had no access to them [wikipedia.org]. Further, many of the people who he accused of being Communists weren't in the Venona papers.

        You may be reading too much into Ann Coulter's writings -- your argument sounds suspicously similar to hers...and has the same flaws.

        The fact is that it's simply not OK to make accusations with no proof. The man was grandstanding, and failed to offer any evidence...ever. Regardless of whether or not the evidence later surfaced, he never offered it, which suggests that this was speculative.

        Finally, his goals weren't so much to expose traitors on the Soviet payroll, because he never offered an iota of evidence showing this. Instead, he attacked people as communists and communists sympathizers, thus advocating American thought police. You can substitute Communism with quite a few ideals or even religions and the whole concept of McCarthyism begins to crumble. Should Americans have a right to know who the Jews and Jewish sympathizers are? What about gays and gay sympathyzers? Libertarian and libertarian sympathizers? Republicans and republican sympathizers? It is all silly, because IMO, one of our deepest core values is freedom of thought.

        Ultimately, it shows that the ends don't justify the means. McCarthy felt that his cause transcended the American justice system -- so he blew lots of smoke and used his power to ruin public figures. It's funny that you should advocate McCarthyism, since there are so many parallels which can be drawn to modern issues. The problem is that what all of these parallels have in common are paranoia, xenophobia, and intolerance...and I'm just not sure how I feel about these being our core values.

        I mean, if you shouldn't try to stop people who are paid by your national enemies, or who espouse the core political and ideological ideals of your national enemies, then why even have nations and borders? If any national government is legitimate, it stands to be protected, else, what is its purpose?

        I just want to point out that you are making a straw-man argument. Nobody is arguing against looking out for our national interests. If someone is on our enemy's payroll and thus committing treason, bring them to justice. Put them in front of a jury of their peers, and try them using real evidence. The accusers should have proper oversight all the way. What opponents of McCarthyism (and opponents of the erosion of oversight and civil liberties) argue against is bypassing the justice system that helps make America free. IMO, this is more unamerican and more dangerous than the Commuinism/terrorism that we fight.

    • If you're sick of government intrusion and demand limited government it's time you stood up and started protecting your rights. This is the formula our Founding Fathers laid down.

      (1) Participate politically using whatever method you have at your disposal. States don't run themselves, and if you aren't satisfied, then by all means, take it over lawfully. Ultimately, folks like YOU can become representative, senator, and president. So stop moaning and start getting elected.

      (2) Arm yourself under the protectio
      • by flyingsquid ( 813711 ) on Monday November 28, 2005 @03:49PM (#14132230)
        (2) Arm yourself under the protections of the 2nd amendments. We're allowed guns not just to hunt prey, protect our country from foreign invaders, and ensure our private security, but also to protect ourselves from domestic threats (meaning from within our borders.) If and when our government has become so corrupt that reform through the ballot boxes is impossible, then it is time to turn to the ammo boxes. (I don't believe we are near that point at all. When we are, a whole lot more people will be reaching for their ammo boxes.)

        The fallacy of this argument is obvious when you look at the enormous political clout the NRA weilds. Politicians are terrified of them. Why? Not because the members are armed with pistols, deer rifles, AR-15s and the occasional .50-caliber sniper rifle. Because their actually show up and vote based on issues that matter to them instead of sound-bites and advertisements.

        • by Jasin Natael ( 14968 ) on Monday November 28, 2005 @04:48PM (#14132745)

          This doesn't seem like counterpoint at all. It looks like the politicians have noticed two concurrent behaviors of a specific group of politically active, freedom-loving citizens that support the constitution. There is far from a 100% corrolation, but I would venture to guess that anyone willing to consider revolution would rather fight without bloodshed, therefore it would be safe to say most members of the NRA vote and have political opinions. From the other direction, there's no reason to fight unless you have some underlying political or moral ideal to adhere to. That is, unless they are really the nuts the politicians make them out to be.

          Politicians are targeting this group for two reasons: (1)To discredit opposing political activists who are members of this group, and (2)to put a bad taste in the mouths of the citizenry about the use, or threat, of violence to achieve political means.

          They probably will drive things to a point that violence is the only answer, if more people don't start voting and educating themselves on the important issues. I think the current goal is to make people more fearful and less willing to take up arms against an oppressive regime at home. For the record, I'm not part of the NRA, and haven't supported them financially or otherwise. I personally dread that the day might come when citizens will have to die to re-institute the founding principles of this country, but I will concede that we're headed in that direction.

          Jasin Natael
      • Arm yourself under the protections of the 2nd amendments. We're allowed guns not just to hunt prey, protect our country from foreign invaders, and ensure our private security, but also to protect ourselves from domestic threats (meaning from within our borders.) If and when our government has become so corrupt that reform through the ballot boxes is impossible, then it is time to turn to the ammo boxes. (I don't believe we are near that point at all. When we are, a whole lot more people will be reaching for
    • National governments do few things better than non-profit community organizations and local governments. National government policies are over arching and generic. ...which is why almost all national government policies merely dictate broad guidelines and leave the details to states, which in turn may delegate details to counties, which in turn may delegate details to cities, which in turn may delegate details to neighborhoods...

      See: Education and healthcare policy.

      I don't think foreign intelligence gather
  • by daveschroeder ( 516195 ) * on Monday November 28, 2005 @03:24PM (#14131979)
    ...for persons either:

    1.) Within the physical borders of the United States, and/or

    2.) United States citizens or permanent residents,

    to legitimately be conspiring to commit actions against the United States or its citizens that would be outside of the bounds of the law, in concert or cooperation with a foreign influence?

    What follows is a series of honest, and not rhetorical, questions:

    Is it ever ok for US intelligence and/or military capability to use domestic surveillance and/or intelligence-gathering to protect our assets (be they life, property, and so on), or is it always better to err on the side of privacy in domestic concerns, and use the standard US criminal justice system to prosecute crimes after they have already occurred?

    Is there ever a circumstance where preemption could be appropriate, or would universal privacy always trump, say, the lives of thousands of others?

    Black-and-white liberty and freedom quotes aside, is there any gray area, any balance that can be struck between privacy and the desire of those charged with the protection of the United States to protect it, and indeed what I would regard a very important need to protect it from catastrophic (e.g., 9/11-style) harm?[1]

    Is it possible to have appropriate oversight of such activities, or would you argue that such mechanisms for oversight and investigation already exist (e.g., warrants, etc.)?

    If so, how can we expect the government and those charged with protection to keep up with all potential threats? There were numerous calls for better "human intelligence" after 9/11, including many by those opposed to the current war effort. If the collection of such intelligence is appropriate overseas, why is the same collection not appropriate in the context of people planning the same type of attacks against the US or its interests, but who are operating within our own borders?

    I'd appreciate honest, and not cynical, answers.

    [1] Please consider that no matter how much you personally may distrust the machinery of government, I would remind you that you would likely find that in face-to-face discussions with individual military, intelligence, or other government personnel, you'd find a genuine and deep-seated desire to do what is best.
    • by dada21 ( 163177 ) * <adam.dada@gmail.com> on Monday November 28, 2005 @03:33PM (#14132068) Homepage Journal
      United States citizens or permanent residents, to legitimately be conspiring to commit actions against the United States or its citizens that would be outside of the bounds of the law, in concert or cooperation with a foreign influence?

      This question is irrelevant as the Constitution does NOT give our Federal government any power to do anything about these problems. The States and the People are the ones who need to arm themselves to protect against "terrorists." Our Federal government is also guilty of causing the anger and hatred that exists against the country by others.

      Is it ever ok for US intelligence and/or military capability to use domestic surveillance and/or intelligence-gathering to protect our assets (be they life, property, and so on), or is it always better to err on the side of privacy in domestic concerns, and use the standard US criminal justice system to prosecute crimes after they have already occurred?

      The problem is much deeper as I partially explained above. US Intelligence and the US military has no power to be used against the citizens in any way, or on US soil in any way but defensive. If they want to tap our phones so they can NOTIFY a citizen they're a target, there MIGHT be some Constitutional authority (in defense) but I can't see much beyond that. The biggest problem is that government has no power to privacy -- they must be transparent and completely answerable to any citizen. US Intelligence is so hidden that there is no oversight and the 9th and 10th Amendments provide for the People to have the power to investigate the government.

      Is it possible to have appropriate oversight of such activities, or would you argue that such mechanisms for oversight and investigation already exist (e.g., warrants, etc.)?

      Yes, leave it to the States and the People.

      Please consider that no matter how much you personally may distrust the machinery of government, I would remind you that you would likely find that in face-to-face discussions with individual military, intelligence, or other government personnel, you'd find a genuine and deep-seated desire to do what is best.

      Whoops, you forgot a few words:

      you'd find a genuine and deep-seated desire to do what is best, for the government person's self or family or friends.
      • I'll stipulate to everything else you've said as appropriate commentary on my questions, whether or not I necessarily agree or disagree with it. However, I take issue with:

        Whoops, you forgot a few words:

        you'd find a genuine and deep-seated desire to do what is best, for the government person's self or family or friends.


        While I would agree that every person's view of the world is colored by their own experience, and that individuals may view society in the context of their own position in the overall schem
        • Further, I'd argue that even if their primary motivation is protection of their "family and friends", such protection, on a broad and indirect scale , necessarily extends to anyone of similar background: if an indirect action is believed to protect that federal official's "family", it also protects everyone else.

          I'm not saying they want these laws to protec their families -- they want these laws so government is forced to spend taxdollars towards these individuals and their families.

          The motivation of govern
        • Further, I'd argue that even if their primary motivation is protection of their "family and friends", such protection, on a broad and indirect scale (i.e., actions not taken specifically and explicitly to protect an individual person), necessarily extends to anyone of similar background: if an indirect action is believed to protect that federal official's "family", it also protects everyone else.

          I fail to see how what's best for... say as an example... Haliburton's corporate officers and chief stockholders

      • This question is irrelevant as the Constitution does NOT give our Federal government any power to do anything about these problems.

        Are you high?

        "The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States"
    • Is it ever ok for US intelligence and/or military capability to use domestic surveillance and/or intelligence-gathering to protect our assets (be they life, property, and so on),

      Yes.

      or is it always better to err on the side of privacy in domestic concerns, and use the standard US criminal justice system to prosecute crimes after they have already occurred?

      To answer that question you would have to know in advance the motivation and capacity of the group/individual to commit harm. There are laws on the book
    • how can we expect the government and those charged with protection to keep up with all potential threats?

      What makes you think we need the government to protect us against all potential threats?

      First, I don't think it is possible to absolutely protect against terrorism. Remember, the people who really stopped the 9/11 hijackers were ordinary americans on the plane that crashed in Pennsylvania. Our problem was the policy of allowing hijackers to take over an airplane in the first place. That will not happen
    • Yes, it is ALWAYS better to err on the side of privacy. Federal Government should police corporations and organizations, and deal with foreign relations. State and/or local govornments should deal with just about everything else. The only time the federal govornment should be CAPABLE of interfering with state govornment is if the privacy or liberty of citizens are in jeopardy, and then only in the capacity of slapping the state government in question back in line. This was really the intent of our founding
    • What follows is a series of honest, and not rhetorical, questions:

      I'll accept their honesty, but there is certainly some framing going on.

      Is it ever ok for US intelligence and/or military capability to use domestic surveillance and/or intelligence-gathering to protect our assets (be they life, property, and so on), or is it always better to err on the side of privacy in domestic concerns, and use the standard US criminal justice system to prosecute crimes after they have already occurred?

      This being a good e
      • This being a good example, as you've framed the question as a dichotomy which seems to me to be a false one. Why are these new surveilance powers necessary for our domestic intelligence gathering to protect our assets? What power do they need that is incompatible with the standards of justice that the U.S.? You are asking me is it okay to give up my civil liberties in order to gain safety, and I ask why is that a necessary choice?

        I'm not saying it is. That's what the article and the submitter of this slashd
        • I'm not saying it is. That's what the article and the submitter of this slashdot story are insinuating. Why is making certain exceptions for investigations related to foreign intelligence "giving up my civil liberties"?

          Well in your question you directly pitted intelligence gathering versus the right to privacy and asked who should win, so I'm confused. Equally so because "making certain exceptions" to privacy is explicitly giving up civil liberties.

          Allowing surveilance of people without a warrant or any ki
    • by jcdick1 ( 254644 ) on Monday November 28, 2005 @03:54PM (#14132282)
      The problem with the current manner of these things, particularly when the the magic words "National Security" are used, there is truly trustworthy oversight. The only trustworthy oversight is public oversight.

      Thats what freedom of the press is all about.

      Of course, it has always been my personal opinion that no matter what it is, crime prevention runs entirely counter to civil liberties. Until a criminal act is actually committed, any police activity to prevent that act violates at the very least the freedom of speech and freedom of association. There are probably a few others in there, depending on the situation.
    • Is it ever ok for US intelligence and/or military capability to use domestic surveillance and/or intelligence-gathering to protect our assets (be they life, property, and so on), or is it always better to err on the side of privacy in domestic concerns, and use the standard US criminal justice system to prosecute crimes after they have already occurred?

      Without proper oversight, it is never OK to spy on citizens. We must err on the side of privacy in domestic concerns.

      Is there ever a circumstance where

    • "Is it ever ok" is a dangerous statement to begin with when you are asking for a judgement.

      "Is it ever ok" for a pervert to molest a child?

      "Is it ever ok" for a government to revoke or neuter its own constitution?

      "Is it ever ok" to "do the right thing", "no matter what the cost"?

      --
      I'm just like you. We both want to "do the right thing". Sign here.

      Some people, perhaps enough to constitute an entire "side", play in the gray area. They manipulate it on the knowledge that it's a gray area. Nobody owns it, a
  • by dada21 ( 163177 ) * <adam.dada@gmail.com> on Monday November 28, 2005 @03:24PM (#14131983) Homepage Journal
    Our basic rights that used to be protected by the Bill of Rights lost that protection decades ago. What's new? We still have those basic rights, government just ignored their restrictions on trampling those rights. It doesn't stop me from expressing them, I just have to be a little more careful.

    I'm against government is every form, but I say to hell with it. Let them spy. The bigger and more intrusive government gets, the more people will flock to the underground economy and the more bloat and red tape will be created that will make the new intrusions pretty useless. Because the CIA and the FBI and the NSA are already off limits, they might be spying already and we have no idea. They just want to make it legit, in a country with the largest percentage of citizens in prison.

    With another Congressman getting caught (taking bribes this time [upi.com]), the problem with our government isn't the CIA or the FBI or the War on Iraq or any of the usual suspects. The real problem we face today is the abuse of power that ALL government officers perform at every level of government. Do you really think the morons at the DMV don't abuse their power? Do you think the local cop doesn't? Do you think your zoning board doesn't abuse their power? Why would you think otherwise?

    Government is one thing: a cabal with the unique monopoly on using force against anyone they please. Why keep voting for more thieves and murderers when you can do the right thing: stop voting, start finding alternate sources of income.

    For those fearing chaotic nihilism from a complete lack of government: most minarchists, libertarians and even some anarchocapitalists such as myself are not adverse to very small governments at the city level. Want to live as a socialist? Find 30,000 other socialists and form a local government completely seperate from those outside of your town.

    I do have a great solution to the abuse of power: unanimous majority voting. Don't pass any law without a completely unanimous voting group. If you can't get EVERY U.S. voter to vote YES for a law, try to get every Illinoisan to vote. If you can't get EVERY Illinois voter to vote YES for that law, try to get every Chicagoan. If that doesn't work, drop down to the district/precinct level. If that doesn't work, try to get everyone on your city block to vote YES. If you can't get a unanimous voting bloc there, guess what? You're witnessing the fraud of democracy. Anyone who votes in the next national election basically accepts all the atrocities the previous politicians enacted.
    • Unfortunately the American people get exactly what they want. Most of us on here are members of fringe groups that aren't substantial voting blocs, whether you are libertarian, the far left or the far right. So for the most part we are ignored. Whenever something bad happens in the country, the politicians fall all over themselves trying to "fix" the problem. So we end up with all sorts of extra (un)constitutional laws. Any jurist that actually felt that the Constitution should be read as written would be c
  • by Anonymous Coward on Monday November 28, 2005 @03:25PM (#14131990)
    It will only add to your jail sentence.
  • Subjective (Score:2, Insightful)

    by pmike_bauer ( 763028 )
    The Washington Post is reporting the next phase of American progress authorizing intelligence agencies to spy on law-abiding citizens without oversight.

    How is it possible to carry on a rational, rhetoric-free debate when even the summary is riddled with such a subjective premise?

    • Re:Subjective (Score:2, Insightful)

      rational, rhetoric-free debate

      And you're reading Slashdot?
    • "The Washington Post is reporting the next phase of American progress authorizing intelligence agencies to CAPTURE TERRORISTS without oversight." - Fox'd it up a bit.

      My observation is that the media believes that by saying what I said above mixed with the post, reporting on the issue is "fair and balanced".

      You're right though, the way to talk about these things is to be more analytical and give the readers the benefit of the doubt that they can read between the lines (maybe add in some historical, or legal
    • You said ...

      How is it possible to carry on a rational, rhetoric-free debate when even the summary is riddled with such a subjective premise?

      From TFA ....

      The Pentagon has pushed legislation on Capitol Hill that would create an intelligence exception to the Privacy Act, allowing the FBI and others to share information gathered about U.S. citizens with the Pentagon, CIA and other intelligence agencies, as long as the data is deemed to be related to foreign intelligence.

      It's almost impossible to say anything fo

      • The key phrase, "spy on law-abiding citizens", is what spins this otherwise factual statement to the subjective.

        With this added tid-bit, the reader can only conclude that this is a law to legalize CIA & FBI peeping Tom's. I'm pretty sure the intent is to spy on citizens that are potentially NOT abiding by the law.

        While I don't agree with this law, I do have a problem with spinning the reporting to match my political group-think.
        • Re:Subjective (Score:4, Insightful)

          by gstoddart ( 321705 ) on Monday November 28, 2005 @04:35PM (#14132641) Homepage
          With this added tid-bit, the reader can only conclude that this is a law to legalize CIA & FBI peeping Tom's. I'm pretty sure the intent is to spy on citizens that are potentially NOT abiding by the law.

          While I don't agree with this law, I do have a problem with spinning the reporting to match my political group-think.

          A fair observation. But it used to be that they required a lot of paperwork and a judge to look at a domestic individual, otherwise they had no right to even be looking at you -- they had to demonstrate more that you potentially NOT abiding by the law, as opposed to just deciding.

          The article implies that they would gain the power to do what they wish, say it is related to security, and then there would be no oversight of what they do. Secret government files on dissidents anyone?

          Rhetoric or not, they can use this to look at people who otherwise haven't been linked to anything illegal without asking anyone's permission -- ie, innocent people. McCarthyism demonstrated that government agencies can fall prey to personal (or, institutional) witch hunts. This removes many of those safeguards.

          It's always spooky when they get to decide who to investigate and why. Especially given some of the rather bad legal opinions which are being touted around to justify some of these things. (You know, human rights, due process, use of torture, what you're allowed to do with foreign nationals who haven't been "officially" admitted through airport security, wether or not you can decide a citizen is an enemy combatant and deny him constituional processes -- things like that.)

          Sadly in this climate, it seems reasonable to conclude that the worst cases that everyone claims is a slippery slope, or would never happen because it's too extreme, are what will start happening very soon. Because it's what seems to happen time and time again.

          The erosion of privacy and liberty which is happening under the guise of fighting terrorism makes me fear the rise of US fascism more than any of the so-called "Axis of Evil" -- because when one of the last superpowers, and self-appointed protectors of freedom become fascists, we're all screwed!
    • "How is it possible to carry on a rational, rhetoric-free debate when even the summary is riddled with such a subjective premise?"

      This is not a new thing, most headlines have loaded statements in them. Maybe it's to jumpstart the comment dialogue, maybe there's another reason, I don't know.

      But it seems to me that most summaries, particularly about political topics, have a least one trollish statement in them.

      That said, it doesn't really matter, as long as there is debate... we can work off the assum
  • And I thought they take away my internet pipe! Everything can go as long as I have my Precious Internet!
  • > Backers say the measure is needed to strengthen investigations into terrorism or weapons of mass destruction.

    Maybe this is their excuse for never finding any of either.
  • by ShatteredDream ( 636520 ) on Monday November 28, 2005 @03:32PM (#14132051) Homepage
    He has systematically worked to centralize the federal government on a scale not seen since FDR, has worked to make the military an active component of civil government, instituted a much more massive welfare state and has found no shortage of reasons to give the government sweeping power to spy on us, deny us our basic rights and all that goes with that. Our border is still open during a "state of war," or is that a battle against violent extremism? I really wish that the Bush supporters and administration would get together and decide whether this is open war, thus justifying some war powers, or just an ideological battle that our enemies can simply wait until 2008 for it to end.

    If there is another attack, especially a WMD attack, on our soil while he's still in office, the Congress should impeach him for failure to uphold Article IV, Section 4 which guarantees the states the protection of the federal government from invasion. We have wide open borders, MS-13 is actively working with several terrorist groups to smuggle people and materials in and yet Mr. "See no evil, hear no evil on the borders" calls the Minutemen vigilantes and extremists. The President won't even use his basic legal powers to take common sense precautions like clamping down on both borders so that people cannot easily sneak through, yet we need sweeping new surveillance powers?

    Were he an engineer, not a politician, people would be demanding that Bush serve 10 years to life for his systematic failures. If his policies were judged by the same standards that our government judges the work of certified professionals, he'd be lucky if life in prison was the only thing he'd get in the face of a nuclear attack on our soil given how much he has actively undermined the core of our national security policies.
  • To Sid Meier: (Score:5, Insightful)

    by HunterZ ( 20035 ) on Monday November 28, 2005 @03:34PM (#14132075) Journal
    To Sid Meier:

    When you make Sid Meier's Civilization V, you should make it more realistic by allowing America to convert to a Police State over the course of a few years without suffering a period of anarchy.

    For those who don't play Civ IV: http://www.civfanatics.com/civ4/info/civics/ [civfanatics.com]
  • by Anonymous Coward
    Oh shit
  • Remember despite that everyone using p2p is doing it for free and no money is exchanged, the government considers that somehow p2p is feeding dollars to terrorists per an article posted here in the last week or two.

    Anything can be justified as terrorism related so anyone can be survielled now.
  • Who gets to decide the definition of terrorism? The government can redefine the definition as time goes on to such a broad extent that any crime could be deemed terrorism. At that point you can be incarcerated without access to legal council or even a trial because you are a terrorist. The slope is getting very slippery here.
    • It's already pretty broad. From Section 802 of the original PATRIOT ACT:

      `(5) the term `domestic terrorism' means activities that--
      `(A) involve acts dangerous to human life that are a violation of the criminal laws of the United States or of any State;
      `(B) appear to be intended--
      `(i) to intimidate or coerce a civilian population;
      `(ii) to influence the policy of a government by intimidation or coercion; or
      `(iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping; and
      `(C)

  • by gasmonso ( 929871 ) on Monday November 28, 2005 @03:47PM (#14132215) Homepage

    I thought the FBI was doing this years ago when they revealed they had files on many regular citizens and famous ones like Elvis, Sinatra, etc. But look on the brightside, federal surveillance won't be needed in 10 years, they will just buy it from corporations. They will know damn near everything about you...what you eat, where you shop and what you buy, the books you read, etc. It's a Brave New World.

    gasmonso http://religiousfreaks.com/ [religiousfreaks.com]
  • Effective oversight (Score:5, Informative)

    by nuggz ( 69912 ) on Monday November 28, 2005 @03:49PM (#14132233) Homepage
    The problem isn't with the power given to the government. They already have the power, they can take everything you think you own and kill you, your family and every aquaintance you've ever had.

    All legally and within their rights.

    The only thing protecting you is effective and independant oversight. The thing that I think is becoming more important globally is having bodies capable of proper oversight and supervision.

    I think the government can effectively do this themself, given the proper tools and an understanding of the grave importance of proper oversight.

    Part of this oversight is proper supervision by management of the actual participants, internal auditing. (Think police, their management structure and internal affairs)
    Secondly there is a second layer of outside supervision. think courts for both convicting criminals, and for supervising the use of special powers ie search warrants.
    Thirdly elected officials.
    Last (but not least) the freedom of speech & press to monitor and expose problems.

    Remove too much oversight and you have a potential problem.
  • by smooth wombat ( 796938 ) on Monday November 28, 2005 @03:49PM (#14132235) Journal
    I know I've thrown out the following quote before when stories such as this previously came out but it bears repeating:

    If tyranny and oppression come to this land, it will be in the guise of fighting a foreign enemy.

  • by jferris ( 908786 ) on Monday November 28, 2005 @03:49PM (#14132241) Homepage
    It doesn't matter who is in office, or what you think about him/her/collective them. The complete lack of centralization of any intelligence leaves much to be desired. The fact that each agency has its own watch lists, own covert operations, own data is both good and bad.

    Each form of intelligence/law enforcement body exists because it has a purpose - or at least was intended to. Over time, excessive amounts of secrecy made some of these agencies "mini-governments" of their own accord - most likely driven by the Cold War. The problem is that there is information that should be shared, but placing this data in a culture nuetral, yet protected form is next to impossible. Why? A definite lack of communication between agencies. At least President Bush wanted to make a singular head that would be accountable for coordinating this information and cooperation between agencies. That plan was struck down quickly by elected officials who must have taken their stance on party lines, since no one could come up with a reason why it was bad other than "it is bad". Granted, it would have been a "band-aide TM", at best.

    For the conspiracy theorists out there, Kennedy had thought of disbanding the CIA. Look what happened to him. ;-) Seriously, the problem is not that these agencies do not have enough power. The problem, often is the case, that they have too much power and no ways of communicating the intelligence that they have gathered. It would be nice if there was a way to start over at square one and create a singular agency, or group of limited power agencies to operate in today's world - but I don't see it happening any time soon.

    Hold on a sec. Be right back. There are some guys in black suits pulling up to the office... Hey, wait! ;-)


  • Our neighbors to the North are looking ever more attractive... [slashdot.org]
  • Anyway, we're seeing a lot of iterations of various angles of this same story: Power gets abused. A number of my recent posts have addressed various aspects of this issue. Since I don't actually like repeating myself, my primary response is to try to refine my explanation of the solution, and explain how it applies in the particular case at hand.

    The solution itself is simple. We need to firmly establish the legal principle that your personal information is your own property. To make this really work, I th

  • by Lead Butthead ( 321013 ) on Monday November 28, 2005 @04:00PM (#14132333) Journal
    I remember when the news first broke, all sort of measures went into effect to "protect citizens," including requiring packages over two pounds to be shipped only from local post office (ironically after all the mayhem Unabomber has created over nearly two decades long terror attacks, post office never for once does this.) Prior to that event it was possible to drop packages of any weight into mail boxes (provided it fits.)

    Later AFTER FAA declared the incident as accidental (true or not still appears to be a matter of debate, but I digress,) guess what? The package shipping restriction remains in effect. My own conclusion about this is that once something like this went into effect, it's never going away. Keep that in mind whenever government put more measures into effect to "protect citizens."
  • by wardk ( 3037 ) on Monday November 28, 2005 @04:04PM (#14132371) Journal
    I would hate for the Soviets to have won and inflicted the KGB on us.

    what's next, bread and shoe lines? (seems the gulag's are aparently already covered)
  • by symbolic ( 11752 ) on Monday November 28, 2005 @04:09PM (#14132433)

    If the name Eisenhower doesn't ring a bell with anyone, I'd suggest some serious reading. During Eisnhower's reign, the FBI became what some might claim was dangerously close to a government-sponsored domestic terrorist group. It was commonly tasked with the disruption of peoples' lives that did not see eye to with the stated objectives of the government. The fact that part of this effort deals with counterintelligence is even more hideous - the story is already written, and it's title is COINTELPRO. It's just being adapted to accommodate several decades of technological advancement.
  • ...as long as the data is deemed to be related to foreign intelligence.

    If someone travels to a foreign land or has dealings with foreigners, would that make their data relevant? Is there anyone in America that would NOT qualify?
  • by Darius Jedburgh ( 920018 ) on Monday November 28, 2005 @04:12PM (#14132475)
    As soon as Bush has eliminated every last terrorist on Earth we can declare the War on Terrorism over and have our rights returned to us. Meanwhile the best we can do is grant extreme powers to the government so that we can hasten that day. If these nay-sayers all had their way then the government would be so crippled that this war would be unwinnable and we'll never get our rights back. The people complaining of our loss of rights are the ones who are bringing about their permanent demise.
  • A few months ago I thought people who use PGP and GPG are just a bunch of paranoid freaks. Maybe they are paranoid freaks, but now I understand that there's a good reason to be paranoid. I've briefly considered using GPG myself. Then, at least the FBI would have to put a keystroke logger [skeptictank.org] on my computer in order to read my mail.
  • by moxley ( 895517 ) on Monday November 28, 2005 @05:01PM (#14132853)
    This is headed to a very bad place.

    When you have a government that has been allowed to get away with secret prisons both inside and outside of borders; Indefinite incarceration without due process; and the ability and authority to spy on any citizen with the cooperation and collusion of big business without any sort of warrant or any (even laughable) oversight- what do you think follows?
    Disneyland? A safer America? Fuck No!

    What follows is the same sort thing that has gone on for countless years in countries that the US used to decry for their cruel and unusual punishment. Basically anybody who disagrees with government or corporate policies loud enough or anyone who they think is a threat will disappear - They'll possibly be subject to torturous interrogation techniques and then will disappear (does it matter if it's into a mass grave, a shallow grave, a secret prison or a FEMA detention center)?

    I am sure that there are government supremacists or apologists who will claim this sort of talk is overdoing it or exaggerating - probably the same people who claimed it was exaggeration when I warned everyone I knew about how dangerous the Patriot Act was/is - all I heard was "It sunsets in 2005" and "this is for extraordinary circumstances, it's all a cycle, it will turn the other way" and other similar useless crap.

    This is America. WE AREN'T SUPPOSED TO TRUST OUR GOVERNMENT- WE AREN'T SUPPOSED TO HAVE TO. This is our system of checks and balances and it's going, going, practically gone.

    There are Americans who just refuse to see it. It doesn't fit their paradigm or occur to them as even being within the realm of possibility that our system is terminally corrupt and heading at warp speed in an anti-freedom, anti-human, and COMPLETELY anti-American direction.

    Especially now that "Homeland Security" is a commodity.

    What are we going to do? What are you going to do? (don't give me that vote crap - I'm not saying not to vote, I'm just saying if you can even get an honest election and an honest politician that's not going to happen soon enough).

    I think people are starting to wake up. Finally, but then what? -
  • Question: (Score:5, Insightful)

    by Catbeller ( 118204 ) on Monday November 28, 2005 @05:21PM (#14132993) Homepage
    Has there been even one, single, solitary instance of a "terrorist" being caught by all this nonsense? What exactly is all this good for, other than spying on citizens at will?

    The "evidence" against Padilla was apparently obtained by waterboarding (drowning reflex torturing) two al Queda members until they made up something that the torturers wanted to hear. No case, no evidence, no "dirty bombs", no admin officals declaring him guilty without trial on TV anymore. And he was one of their Big Wins By Using Theeir New Freedom To Find Terrorists.

    Still, people don't understand what's happening to their rights. And they won't care. Torture, false imprisonment, stripping a US citizen of his constitutional rights by executive fiat based on stories made up under torture, keeping him prisoner and helpless to answer his accusers for over three years, then a nonsense charge to maintain face -- and he's still under the King's justice, unable to examine the evidence against him -- because there never was any. Why is a US citizen in a secret gulag under trumped up charges? Why don't people care? How many others are out there?

    They demanded trust, and they blew it. They don't care about justice, just power. Don't give them more.
  • by mpaque ( 655244 ) on Tuesday November 29, 2005 @01:16AM (#14135646)
    The good news is that there will be fiber-optic lines to every home.

    The bad news is that most of the bandwidth will be used for outbound traffic from the telescreens in every room...

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