« Congress set to form sunset commission to review federal programs | Blog Index | Peace in Darfur? Not Likely. »
|
Advertisement |
|
More NSA Surveillance...
About a month ago, Wired interviewed a former AT&T technician who claimed that his company was letting the NSA tap its circuits, something that sounded ominous but was kind of vague. (Link thanks to Kevin Drum.) Today USA Today has more on phone companies collaborating with the NSA:
The National Security Agency has been secretly collecting the phone call records of tens of millions of Americans, using data provided by AT&T, Verizon and BellSouth, people with direct knowledge of the arrangement told USA TODAY.Last year the president insisted that the NSA was only focusing on international calls. According to USA Today, that's not entirely true, and the administration is looking at "the communications habits of millions of Americans" making domestic calls. Of course. The man lies. Now granted, gathering info about phone records is different from actually listening into those domestic calls without a warrant, but here's what the paper has to say about the legal issues:The NSA program reaches into homes and businesses across the nation by amassing information about the calls of ordinary Americans — most of whom aren't suspected of any crime. This program does not involve the NSA listening to or recording conversations. But the spy agency is using the data to analyze calling patterns in an effort to detect terrorist activity, sources said in separate interviews.
Q: Is this legal?In other words, it's probably against the law, but the president feels like his "wartime powers" take precedence over the law. (Orin Kerr has a more detailed look at the legal issues—he says collecting phone records probably isn't unconstitutional, but could create "statutory problems under… FISA.")A: That will be a matter of debate. In the past, law enforcement officials had to obtain a court warrant before getting calling records. Telecommunications law assesses hefty fines on phone companies that violate customer privacy by divulging such records without warrants. But in discussing the eavesdropping program last December, Bush said he has the authority to order the NSA to get information without court warrants.
But frankly, at this point, figuring out whether this program is "technically" legal or not seems beside the point. The administration has done this sort of thing way too many times—the government, recall, now claims that it can listen in on phone calls without a warrant, detain citizens indefinitely without trial, and have them tortured if it so desires—to earn the benefit of the doubt for even the smallest of steps. And as Atrios says, once you start entering legal gray areas, even with something as apparently "harmless" as looking at phone records, it's very hard to stop. If the government picks up a "suspect" thanks to information from an illegal wiretapping program, then it can't use that evidence in court, so it can't ever bring the suspect to trial, which means it has to keep the person in an extralegal detention center somewhere, presumably forever. And so on. "It's all one thing. You can't separate them." No kidding.
Posted by Bradford Plumer on 05/11/06 at 10:44 AM | E-mail | Print | Digg this | de.licio.us
Comments
Cercopes
From Wikipedia, the free encyclopedia
Jump to: navigation, search
In Greek mythology, the Cercopes were mischievous forest creatures who lived in Thermopylae or on Euboea but roamed the world and might turn up anywhere mischief was afoot. They were two brothers, but their names are given variously, Passalus and Acmon, or Olus and Eurybatus, or Sillus and Triballus, depending on the context, but usually known as sons of Theia and Oceanus, thus ancient spirits.
They were proverbial as liars, cheats, and accomplished knaves (Lucian, Alexander the false prophet)
Posted by: Cercopes on 05/11/06 at 2:10 PM
Im against survailence of any citizen without a warrant.
Phone records with the proper controls, are a good way to link terrorist to other people related be fund raisers, campaigners or suicide bombers. For example:
A terrorist is aprehended and cell phone recovered. With the proper control, a database will link him to his connections.
THE MORE WE SWEAT IN COMBAT
THE LESS WE BLEED IN BATTLE.
Posted by: Dr.Q on 05/12/06 at 2:50 PM
Yada,Yada,Yada!
So what are we going to do about it?
Nada damn thing!
Posted by: Philip Acosta on 05/13/06 at 7:15 AM
What are we going to do about it? Switch our phone service away from AT&T, Verizon, and BellSouth. It's easy, it's free-market, and it hits 'em where it hurts, right in the pocketbook. This story broke on May 11. As of May 12, I am no longer a customer of Verizon or AT&T. If they are going to treat my privacy with such contempt, they will never see another penny from me.
Posted by: ancient mariner on 05/16/06 at 10:47 AM
Thanks 'ancient mariner' you have reminded all of us of a very simple yet very, very powerful strategy for dealing with the likes of Verizon, AT&T and BellSouth who flaunt our laws and our belief that they are protecting our privacy when in reality they are violating both.
America is a country of laws or we are not and if we are not anarchy will eventually prevail as noted by 'michael wagner' in his fine posting. So with these two very fine postings we are reminded of very powerful and inescapable truths.
Many thanks to you both.
Posted by: Bob DAmico on 05/21/06 at 10:28 AM
Though America is a country of laws it is obvious that the Bushie/Repub/neocons are not a government of laws.
They repeatedly show themselves to be on a slippery slope to the destruction of our freedoms and rights.
If those who are voted in office to protect and enforce our laws do not do so than what message does that send to every human being in the world, in America and especially to every child who are our future, the future of America.
The Bushies and those who voted for them amply demonstrate, with each new revelation, that they are truly not a government of laws and in fact support lawlessness in America.
I am, a conservative independant voter and as such I do not support the creeping and creepy lawlessness of the Bushies/Repugs and neocons.
America will not be destroyed from without but from within and it has begun.
Posted by: bob t on 05/21/06 at 10:42 AM
ARCHIVE
November 19, 2006 - November 25, 2006
November 12, 2006 - November 18, 2006
November 5, 2006 - November 11, 2006
October 29, 2006 - November 4, 2006
October 22, 2006 - October 28, 2006
October 15, 2006 - October 21, 2006
October 8, 2006 - October 14, 2006
October 1, 2006 - October 7, 2006
September 24, 2006 - September 30, 2006
September 17, 2006 - September 23, 2006
September 10, 2006 - September 16, 2006
September 3, 2006 - September 9, 2006
August 27, 2006 - September 2, 2006
August 20, 2006 - August 26, 2006
August 13, 2006 - August 19, 2006
August 6, 2006 - August 12, 2006
July 30, 2006 - August 5, 2006
April 23, 2006 - April 29, 2006
April 16, 2006 - April 22, 2006
April 9, 2006 - April 15, 2006
March 26, 2006 - April 1, 2006
RECENT COMMENTS
Houston Mounted Police Run Over Protesters (5)
Ranselar VanDerpoel wrote:
Deacon, you have stated the problem perfectly! It is a SOC...
[more]
"This Just In..." A Fair and Balanced Daily Show (2)
Usama wrote:
FOX and the Ritewing already have a major corner of the me...
[more]
Be Thankful for Complainers (2)
Schuller wrote:
Hah, bit tangential, but: the Finns are coffee-crazy, and ...
[more]
Rangel Says Bring It On, The Draft That Is (9)
Ranselar VanDerpoel wrote:
Well folks, back when we had the draft, the rich kids stil...
[more]
Obama to Reporter: I'm Sorry for "Messing Up Your Game" (11)
Rob Dagostino wrote:
8 years of bush please run barack run you get everybodys v...
[more]
NYPD Watches From Above (1)
Mark P. wrote:
Fascism is a people problem, not a problem that comes from...
[more]
Attention Gay Wal-Mart Shoppers... (8)
Ben wrote:
My wife works for Walmart. Today Nov 22 there was a meetin...
[more]
Teen Birth Rate at a Record Low (1)
Michael L. Wagner wrote:
According to a Texas A&M University study, students in alm...
[more]
Al Jazeera's First Week Gets Positive Reviews (2)
Larry wrote:
Is it possible that there really is democracy in America? ...
[more]
New Poll: Vast Majority of Iraqis Want U.S. to Go Home (1)
Matteo Tomasini at EPIC wrote:
Just a heads up, this poll is not new; It came out at the ...
[more]
Movable Type 3.33
Jail.org - Inmate Search
Criminal records, instant public records & people search & current court records. www.jail.org
U.S. Public Records Search
Search County & State Court Records, Criminal records, Vital and Adoption Records
www.PublicRecordsInfo.com
Records.com - People Search
Public Records and Background Checks. Instantly Search Criminal Records, Addresses and Court Records www.Records.com
Court Records & County Records
Find Instant Public Records, Criminal Records as
Well as County Property Records Search.
www.PublicRecordsIndex.com
Real Viagra, Cialis Levitra Deal
Dare to compare our competitive prices. Free overnight delivery to new patients in the US. No catch 22!
Bob's Red Mill Organic Flaxseed Meal
In addition to its great nutty flavor, our flaxseed meal is high in fiber and packed with essential Omega-3 Fatty Acids.
PEACEFUL HOLIDAY GIFTS
Items featuring the 1958 peace symbol
shirts, buttons, hoodys, signs, stickers
pins...more. union made • detroit
peacebuttons.info
End the genocide in Darfur
Every day, Darfuris face rape, murder, and starvation. Be a Voice for Darfur: tell Obama to end the suffering.













Similarly, in 1928, the Government went after a ring of bootleggers by gathering evidence through illegal wiretapping. In Olmstead v. U.S., Justice Holmes says (dissenting), "... for my part I think it a less evil that some criminals should escape than that the government should play an ignoble part."
Now, of course, the issue at hand is the apprehension of hellish terrorists, but the question here is: why not just get a warrant--surely any judge will issue the paper if provided with a valid reason...
So..., what is the story here?
In Olmstead, in his own dissent, Justice Brandies "struggles" with the fact that, "That places the liberty of every man in the hands of every petty officer was said of James Otis of much less intrusions than these."
Forget petty officer and instead insert cruel tryant; after all, certainly the Government is quite committed to denying every citizen his or her rights because it has a vested interest in baffling with B.S., then propping up its favorite sons on the B.S. platform...
And what better way to do such a dreadfully ugly thing... Consider how Brandies understood that, "Decency, security, and liberty alike demand that government officials shall be subjected to the same rules of conduct that are commands to the citizen. In a government of laws, existence of the government will be imperiled if it fails to observe the law SCRUPULOUSLY. Our government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by its example. Crime is contageous. If the government becomes a lawbreaker, it breeds contempt for the law; it invites every man to become a law unto himself; it invites anarchy. To declare that in the administration of the criminal law the end justifies the means--to declare that the government may commit crimes in order to secure the conviction of a criminal--would bring terrible retribution.
I say George W., what kind of man works so hard for such a terrible retribution (you should know!!!!)?????
Posted by: Michael L. Wagner on 05/11/06 at 12:38 PM