ACLU Joins Fight Against Internet Surveillance 158
aychamo writes "The American Civil Liberties Union today joined an expanding group of organizations filing lawsuits against a new rule that increases the FBI's power to conduct surveillance on the Internet. The rule being challenged is one the Federal Communications Commission adopted in September, granting an FBI request to expand wiretapping authority to online communications.he ACLU charged in a petition to the U.S. Court of Appeals for the District of Columbia Circuit that the ruling goes beyond the authority of CALEA, which specifically exempted information services. "The ACLU seeks review of the CALEA order on the grounds that it exceeds the FCC's statutory authority and is arbitrary, capricious, an abuse of discretion, unsupported by substantial evidence, or otherwise contrary to law," the organization charged in its petition."
Colleges' costs for CALEA compliance (Score:5, Informative)
From TFA:
Here's [educause.edu] a good reference on just what will be required for universities to comply with the Communications Assistance for Law Enforcement Act (CALEA),and the resultant costs involved.
Re:Colleges' costs for CALEA compliance (Score:3, Insightful)
Encryption (Score:5, Funny)
Re:Encryption (Score:2)
Or so you think (Score:2)
I have analyzed your conversions in depth. While your AES encryption itself is fine, your conversations are not secure.
Your random number generator used to choose keys has serious problems, meaning that the total keyspace a brute force attack needs to search is less than 2^8.
In most conversations you have forgotten to discard the early bits, which further leaks information about the key used. This is an ongoing problem that you have not made progress in correcting.
Your key exchange algorithm is flawed
Fantastic, now how about the 2nd? (Score:4, Insightful)
Re:Fantastic, now how about the 2nd? (Score:2)
Re:Fantastic, now how about the 2nd? (Score:1)
Re:Fantastic, now how about the 2nd? (Score:1)
Re:Fantastic, now how about the 2nd? (Score:1)
Isn't it pretty well estbalished that the federal government can abridge our rights to gun ownership, provided that it does not relate to the use or estbalishment of a well-regulated milita. Check out U.S. v. Miller, 307 U.S. 174 at 178 ("In the absence of any evidence tending to show that possession or use of [a shotgun] at this time has some reasonable relationship to the preservation or efficiency of a well regulated militia, we cannot say that the Second
Re:Fantastic, now how about the 2nd? (Score:2, Informative)
"Drawing on Miller, we repeatedly have held that to prevail on a Second Amendment challenge, a party must show that possession of a firearm is in connection with participation in a "well-regulated" "state" "militia." See United States v. Haney, 264 F.3d 1161, 1165 (10th Cir.2001) (holding "that a federal criminal gun-control law does not violate the Second Amendment unless it impairs the state's ability to maintain a wel
Re:Fantastic, now how about the 2nd? (Score:5, Informative)
"A well regulated Militia, being necessary to the security of a free State,
the right of the people to keep and bear Arms shall not be infringed."
Let me break it down:
"A well regulated Militia, being necessary to the security of a free State,"
Basically says, that any country (state, etc) to remain FREE must have a well maintained army (militia).. Ok... Now with that out of the way
"the right of the people to keep and bear Arms shall not be infringed."
Means that, just because we have a military, doesn't mean we're safe, so thereofre the right of "the people", that's us, the average person, will not be infringed. Why? Because the Brittish just tried to take our guns away so we couldn't win the war. We wouldn't give them up, and fought back.
Without guns, we could not stand up against our government.
The 2nd Amendment is actually quite simple. If you just read it. This is why they use "the people" in the Second Amendment, to mean everyday people.. you and me... just like they used in the First, Fourth, Ninth, and Tenth Amendment too!
Or maybe the right to free speech was only really meant for government officials?
Re:Fantastic, now how about the 2nd? (Score:1)
Re:Fantastic, now how about the 2nd? (Score:2)
But by that definition, the draft is legal.
A militia is defined as:
Therefore, if the right to keep and bear arms is because a well regulated militia is necessary, then the gov't can maintain (or raise) an army of citizens.
Re:Fantastic, now how about the 2nd? (Score:3, Informative)
Read Federalist 29... (Score:2, Informative)
>"state security" are neither a militia nor necessary to the defense
>of a free state.
>But unless it's revised to protect a right for any American to own and use a gun without restriction, these contrived versions by 2nd Amendment fetishists are baseless. And dangerous to our security.
You are correct - today, there is no militia. But there is
What the founding fathers intended, based on other writings of
Re:Read Federalist 29... (Score:3, Insightful)
"Hey Billy-Bob, we're gonna go overthrow the government. You stand here and when the STEALTH F*CKING BOMBER comes over that hill and tries to drop a 500lb smart bomb on your ass, try to shoot him first with your Vietnam surplus
I think the point you should be trying to make is that the majority of the military needs to divided up and
Re:Read Federalist 29... (Score:2)
Re:Read Federalist 29... (Score:2, Insightful)
Take it easy bud, it's Friday. Relax.
The point about the media is conceded, so long as the media digs itself out of the hole it's in now, where it's just a mouthpiece for the administration anyway.
However, if I were the government, and wanted to shoot my own people, I suppose I'd commandeer all radio st
Re:Read Federalist 29... (Score:2)
The US gov't isn't going to shoot "the people", they're going to shoot "the muslims" or "the gays" or "the atheists". Each one of those is a minority hated by the majority. Giving them guns probably won't give them enough firepower to get to the border and escape. I support their right to defend themselves, of course, but I doubt
Re:Read Federalist 29... (Score:2, Troll)
You try to make a practical argument for private guns, to oppose the Federal military. But the practical reality is that such ragtag opposition would be mowed down - the best we could hope for is an Iraq-style meatgrinder. And I can't compare Americ
Re:Read Federalist 29... (Score:2)
50% Troll
50% Insightful
TrollMods don't know what a "Troll" actually is. Hint: it's not just a post you don't like, that scares you.
Re:Fantastic, now how about the 2nd? (Score:2)
You're performing a semantic trick there by separating a sentence in the middle which is meant to be whole, as it is written. "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed." You want it say two things: (1) A militia is necessary to the the security of a free state. (2) Arms are also necessary for individuals, outsi
Re:Fantastic, now how about the 2nd? (Score:3, Insightful)
That's what the NRA is for (Score:2, Flamebait)
The ACLU doesn't need to protect the 2nd, given how hard the NRA fights for it.
Talk about a jump to conclusions. (Score:2)
Conversely, I doubt anyone would disagree that privacy is a civil liberties issue. But depending on who you talk to, privacy may or may not be covered by the Bill of Rights.
So there are parts of the Constitution that aren't about civil liberties, and there are civil liberties that aren't necessarily in the Constitution. That mean
Tough Question (Score:4, Insightful)
Re:Tough Question (Score:1)
And yet strangely, many want to trust the government with their health care.
Re:Tough Question (Score:2, Insightful)
Re:Tough Question (Score:1)
(giggles) (Score:2)
That's got to be one of the funniest dumb things I've read on slashdot this week.
A.) Judges are permanent employess of the government. Jury memebers are, effectively, temporary employees of the governemnt. Perhaps the distinction you meant to draw was between the prosecuting and ruling arms of the legal system. But they're all, still, part of the government. (Just as the defenes lawyer will be, if you're not wealthy enough to employ your own.)
B.)
Re:(giggles) (Score:1)
Re:(giggles) (Score:2)
No, seriously... (Score:2)
Re:Tough Question (Score:5, Insightful)
In the past century, governments have racke dup 180,000,000 deaths [erols.com].
Trusting a government with health care is strange. Trusting the government with killing is simply a matter of recognizing a core competency.
Re:Tough Question (Score:2)
Since criminal defendents are guaranteed a trial by jury, it is "the people" not "the government" that decides capital punishment. The govt merely allows it and throws the switch (which is better than lynching).
Also, health care affects everyone, capital punishment only affects those who get caught...
Re:Tough Question (Score:5, Insightful)
What do you mean "will use it"? Ever been to the US since september 11, 2001?
Re:Tough Question (Score:1, Insightful)
What do you mean "will use it"? Ever looked at the withholdings on your paycheck?
Re:Tough Question (Score:2)
No, as a Canadian, I haven't, and, sadly, it's looking unlikely that I will be again.
Yeah, I live here... (Score:2)
Here is why:
there were 16,500 homicides in 2003
"Nearly 71 percent of the 2003 murders involved use of a firearm, with 13 percent involving knives or other cutting instruments. Blunt objects, hands and feet also were used."
there were 42,642 auto fatalities in 2002, 17,013 of which were alcohol related. [driveandstayalive.com]
16,204 murders took place in 2002 [fbi.gov]
according to wiki [wikipedia.org]
there were on 2986 deaths on 9/11.
This means that every year roughly 5.5 times the number are murdered
(most by guns). Care to
Re:Tough Question (Score:5, Insightful)
I'm not really opposed to granting law-enforcement the power to do surveillence on e-mail, traffic, or what-have-you - but it's ridiculous that every proposal that comes forward to expand police powers also involves no oversight or accountability.
If you think I'm a criminal and you want my ISP to disclose my e-mails then call a judge, present your evidence, get a warrant, collect the e-mails, notify me that I'm under investigation, and we're all set. The same as it works with everything else.
The hypocricy that comes with "we need to expand the law so the police have the same powers over this new-fangled technology thing" and "we must not extend the oversight principles while we're at it" is mind-boggling.
Re:Tough Question (Score:2)
It also offers a greater opportunity to commit crime. This isn't something that needs a lot of posturing and theorizing, because it has already happened.
Let's also talk about crime prevention. The notion of prevention, taken to extreme, will annihilate certain constitutionally-guaranteed rights. There's no such thing as "too much" prevention, because there's no way you can prove that the absence of a certai
First they came for the "T's (Score:2, Funny)
Good for you, ACLU (Score:1, Insightful)
Nevermind them. Yay ACLU. Keep up the good work.
Re:Good for you, ACLU (Score:1)
Huh? (Score:2, Insightful)
Re:Huh? (Score:1)
Whoever modded you as a troll probably doesn't quite know who or what the ACLU is.
Re:Huh? (Score:2)
The majority of Americans are a bunch of sheep. Feed them large doses of "American Idol", "Survival" plots of every type, stir in some "MTV" and "Fear Factor" and all is well. That, and publish totally BS info about how great the economy is, how low the CPI is, and spend a huge portion of TV news focused on movie star excentricities, new movies, a copious amount of time on professional sports, and stir in a little strictly low level political corrupt
Soma (Score:2)
No, Aldous Huxley [huxley.net] called it "soma."
Re:Soma (Score:2)
So here's a question to twist your noodle -- did these authors predict the unlikely future that is,
or were the works of these men used as a roadmap by our evil would-be overlords?
Re:Huh? (Score:2)
Re:Huh? (Score:1)
Do you think that any regulation of arms is constitutional?
What do the terms 'well regulated' mean to you?
What proposed changes to the current status quo do you propose or do you think it is optimal?
Re:Huh? (Score:4, Interesting)
1. I'd like to see the ACLU get involved in these cases, as we (as a nation) need some clarity on just how laws regulating firearms actually apply in the real world, not just as abstract legislation. The Second Amendment and whether it applies to individual or militia ownership has never been clarified. It needs to be.
2. I don't know if regulation of firearms is "constitutional" or not, not being a lawyer, but it's a damn good idea.
3 & 4. Here's what I'd like to see (well-regulated and status quo changes): This is what I call the "automotive" model of firearms ownership. Libertarians will probably have a stroke and if you're one you shouldn't read this
What society gets: Licensing (passing a course equivalent to the "Gunsite" series of classes, not cheap or easy) and registration...mandatory. Insurance...mandatory. Draconian penalties for possession of stolen, unlicensed or unregistered firearms. I think a mandatory 10-year sentence for a first offense is not out of line.
What gun owners get: An end to idiotic laws that ban posession of certain firearms based, fundamentally, on what they look like. A Winchester 1897 repeating rifle has MORE capacity that most modern "assault" weapons and is just as accurate and deadly, and yet can be bought in all fifty states. Let's end the bullshit and let those who can pay the insurance for destructive weaponry own them. If you can't pay for your acts or mistakes then you don't get to play.
Obviously, although I'm a lifelong shooter and gun owner, I am not an NRA member. They're the worst thing to ever happen to gun owners and a political and PR liability for us.
Re:Huh? (Score:1)
Doesn't that then imply that you're not?
Re:Huh? (Score:2)
Re:Huh? (Score:2)
Their stand is something to the effect of, "The NRA has the 2nd Amendment covered. Until they protect the 1st, 4th, and others, we'll look after those and leave the 2nd to them." They are looking after the liberties that no other large organization is looking over. The 2nd is covered, so they are covering those that they can do the most good on. I can't see how leaving the 2nd to the hands of an organization more qualified would give you
Re:Huh? (Score:2)
If the 2nd Amendment is ever repealed in this nation, we will have the NRA solely to blame with their inflammatory "cold dead hands" rhetoric. Talk about a counterproductive PR move.
Re:Huh? (Score:1)
I was just saying that the ACLU is finanly doing somehting that MOST people will agree with (like I said, I like what they do).
Re:Huh? (Score:5, Insightful)
Re:Huh? (Score:3, Insightful)
Re:Huh? (Score:2)
Re:Huh? (Score:1)
Re:Huh? (Score:2)
Here in slashdot most people would agree with it, but in general it's harder to say. About surveillance the government has been rather frank. How would this kind of government stay in power in a country where most people don't believe in unlimited powers of surveillance?
No, the stance held by the ACLU is yet another position that falls along party lines.
Re:Huh? (Score:2, Informative)
I need some sleep (Score:4, Funny)
*waves hand* These are not the geeks you are looking for.
Re:I need some sleep (Score:1)
I thought all force-wielding lawyers were sith...
Zonk! You made it! (Score:2)
I have to say, Im pleasantly suprised today
Hats off to Zonk, really. I've had my fair share of complaints against his 'style' of writing, but now it seems that he has gotten an order of magnitude better at it. I think you may have found your groove and nicely matched it up with the audience of slashdot.
Thank You zonk, you are back on the list of editors that come up on the home page. Just dont blow it! hehe
Re:Zonk! You made it! (Score:2)
Like I said, orders of magnitude better.
Sometimes less is more.
At least this time it's useful. (Score:3, Insightful)
LK
Re:At least this time it's useful. (Score:3, Informative)
Re:At least this time it's useful. (Score:5, Insightful)
seriously, some people don't get it. When the ACLU defends the KKK holding a protest march, they aren't agreeing with the KKK.. they are defending their right to march.
This makes the ACLU even more noble, in my opinion. The ability to defend a person or group that you loathe with every fiber of your being (at sometimes considerable monetary and PR expense to yourself), just to uphold a higher ideal, is downright saint-like.
Some people think it's about "defending the KKK" or "blocking harmless nativity scenes on public buildings" or "keeping the 10 commandments out of courtrooms". It is not... and the failure of a person to "get" the point says more about them than the ACLU.
"defending the KKK's right to protest" is about defending your right to espouse an unpopular idea.
"taking nativity scenes off of the government property" is about defending your right to not have your government endorse a particular religious viewpoint.
"taking the 10 commandments out of the courtroom" is about defending your right to not be pre-judged, even subliminally, because you don't share the religious beliefs of the people who will decide your fate.
"fighting against Intelligent Design in the classroom" is about defending your right, and your childrens' rights, to not be religiously indoctrinated by the state.
The ACLU will defend your civil rights, no matter how loathesome you or your viewpoints are. That makes them noble. Those that can't see that are too simple to get it.
Re:At least this time it's useful. (Score:3, Interesting)
What the ACLU is REALLY about... (Score:2, Insightful)
Oh no, I get it.. Totally.
"When the ACLU defends the KKK holding a protest march, they aren't agreeing with the KKK.. they are defending their right to march."
I call for a 'common sense' rule here. Sending the KKK into an African-American neighborhood when you know this is going to start a riot is lunacy.
"This makes the ACLU even more noble, in my opinion."
Stupidity isn't noble no matter how good an idea it might have seemed over chianti and cheese the night before.
"T
where are mod point when I need them (Score:2)
You present more straw men then rush limbaugh.
No you don't get it. But you'll be happy to let people who don't agree with be subjecated to religous opression.
Fucktwitard
Straw men? (Score:2)
a) Didn't fully read my posts for arguable examples
b) Hate the truth of the situation and can't admit you're wrong
Either way, history, temperance of spirit, and tolerance mean nothing to your type. Better the oppression of the minority and lawyers apparently. Are you really that dedicated to your 'worldview'?
Better get those flame throwers ready - you've got a lot of cemateries and churches to burn down - churches of course located on land that s
Re:What the ACLU is REALLY about... (Score:2)
Really? I don't remember God being mentioned in the Constitution at all, let alone Jesus. You'd think that if religion was so important to the Founding Fathers, they'd have at least brought it up. Many of the Founders were not Christians, including George Washington, Thomas Jefferson, Benjamin Franklin. Our government is entirely a-religious, which is what they intended.
It is one thing to respect rel
Nitpicking = not much of an argument... (Score:2)
And why would you expect to? I wouldn't find a text on atheism in my Mazda's repair manual either. What's your point? And you know damn well that these individuals mentioned religion and faith plenty in other writings. Stop trying to pretend these men wholly rejected God. Benajmin Franklin rejected the idea of piety (and with good reason) but that certainly didn't make him an atheist or even an agnostic.
"It is one t
Re:Nitpicking = not much of an argument... (Score:2)
Pardon me? Who told you that? You seem to have the impression that at some time t there is nothing, and that at some later time t + delta there is something, and that something has therefore appeared out of nothing, and that this is called the Big Bang.
That's not what I've read. As I understand it, at all times t there is the entire constant mass-energy of the Universe, at vary
Re:At least this time it's useful. (Score:2)
Or unless your second amendment rights are violated.
LK
Re:At least this time it's useful. (Score:2)
Not at all. I'm saying that until they fight for ALL of our constitutional rights, I won't support them.
It's like stopping to help an injured person by the side of the road. If you don't intend to help every injured person everywhere in the world for all eternity, you shouldn't bother stopping for one. Right?
No, it's more akin to someone only stopping to assist that injured person if they're not wearing Nik
Re:At least this time it's useful. (Score:2)
Ah yes. Leaving the 2nd to the capable hands of the NRA is "ignoring it." For that, we might as well condemn the NRA for not defending the 1st and 4th Amendments.
But we all know the real threat to our rights are the Republicans and Democrats. Every loss of liberty in the past 100 years has come at the hands of one of them (and no, I'm not a Libertarian).
Re:At least this time it's useful. (Score:2)
If the NRA claimed to be a group that upholds all constitutional rights, you'd have a point. The NRA only claims to be a group that is concerned with the interests of gun owners.
The ACLU is an organization that is primarily concerned with advancing a leftist political agenta via the court system.
LK
Stop the insanity... (Score:2, Funny)
Now it's the ACLU vs Internet Surveillance.
How is any slashdotter supposed to karma whore when you keep putting up stories that are conflicting of the slashdot groupthink!
Next up: How Microsoft thinks that the US controls the internet too much...
Re:Stop the insanity... (Score:2)
A company that I hate thinking something stupid. Where's the conflict?
LK
Terrorism is rare (Score:5, Insightful)
Is this to fight terrorists or to regulate the internet? or both?
How much privacy are people willing to give up in order to fight a war without a clear enemy?
Re:Terrorism is rare (Score:4, Insightful)
But sadly, I find myself in the distinct minority.
It's a tired old canard, but the terrorists really have won. America has changed because of 9/11. For the worse.
We're becoming what we used to despise and fight against during the cold war... a totalitarian police state.
Re:Terrorism is rare (Score:2)
But Islamofascist terrorists have a bit more ambition - they want to destroy our ability to stop their creation ofr a vast califate of the most extreme and repressive form of Islam.
It may be that in today's world, where terrorists may be able to get or make terrible weapons (Moore's law has been exceeded in genetic engineering, should you want to make a
Re:Terrorism is rare (Score:2)
A rather nominally religious America allied itself with Saudi Arabian rabidly religious fundamentalists in order to help throw the godless communist Soviet Union out of Afghanistan. The government that replaced the Soviets in Afghanistan were directly aided by both Pakistan and Saudi Arabia, were also rabidly religious funamentalist, and could have been considered unsigned allies in the USA's "war on drugs(TM)".
A continuing presence in, and influence upon Saudi Arabia subsequent to
Re:Terrorism is rare (Score:2)
I don't know, how much have you spent on the War on Drugs already?
Ahh legal jargon (Score:2, Informative)
Creative reading (Score:3)
I *LOVE* IT! (Score:2, Interesting)
You know that anytime the letters A*C*L*U* are used in a Slashdot posting, regardless of the subject at hand, you will get the following within one hour:
1. Swipes at religion
2. Swipes at conservatives (not the same as 1.)
3. Swipes at the United States and its foreign policies.
4. Swipes at the ACLU's position on xxx, where xxx is not related to the subject at hand
5. Counterswipes at 1-4.
To quote Rodney King
Institute for Justice (Score:2)
Re:ACLU (Score:2, Interesting)
Better than arguing a Muslim woman should be able to have her face covered in her driver's license photo. Society has an interest in having a drivers license photo accurately picture the individual that overrides religious freedom.
Before you argue that no societal interest overrides religious freedom, please note that all of the following "crimes" have tried to use the religious freedom defense:
Re:ACLU (Score:5, Insightful)
No.. most of their stuff does not. Just most of the stuff that jokers like O'Reilly and Limbaugh like to focus on.
Almost all of their cases are about protecting the civil rights of the individual against the "man". You don't hear about most of those, because Fox News won't highlight them.
Re:ACLU (Score:3, Insightful)
Re:ACLU (Score:3, Insightful)
Isn't there value in a debate over the limits of religious freedom? I don't agree that someone should be allowed to cover their face in a driver's license photo either, but I don't begrudge the ACLU for bringing the case. One o
Drugs and Prostition? Where do I sign up? (Score:1)
Re:ACLU (Score:2)
* Prostitution
* Possession and distribution of drugs
Right. Those are not legitimately crimes. The child abuse stuff you cite is. But someday the ineffective prohibitions against prostitution and certain intoxicants will be seen as what they are: intrusions of government on the inalienab
Re:ACLU (Score:2)
I just said they're all crimes people have tried to say God told them to commit and where the courts said the "God told me to" defense didn't wash. I never made any statement equating them in severity.