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Source: (consider it) Thread: Patriot Act continues to threaten American Liberties
lilBuddha
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The National Security Agency has received a ruling requiring a major telecommunications firm turn over its daily call logs.
Seems a violation of principals Americans claim to old dear.

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Hallellou, hallellou

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PaulBC
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And Democratics who decried this pratice under GW Bush's watch are now defending it as nessacary for national security. And the company involved says it's the law & the law must be obeyed. Sound like they lifted that from Les Miserables.
Isn't democracy great ? Well it's io borrow from Churchill " the worst of all systems except for the alternatives" [Roll Eyes] [Ultra confused]

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"He has told you O mortal,what is good;and what does the Lord require of youbut to do justice and to love kindness ,and to walk humbly with your God."Micah 6:8

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Crœsos
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quote:
Originally posted by PaulBC:
And Democratics who decried this pratice under GW Bush's watch are now defending it as nessacary for national security.

I'm pretty sure Russ Feingold (the only member of the U.S. Senate to vote against the USA PATRIOT* Act) felt the same way about its use under both administrations. Feingold seems to be a true believer on this subject.

There were sixty-two Democratic members of the House of Representatives that voted against the USA PATRIOT Act. Which, exactly, did you have in mind as supporting the law because of the change in presidential administration?


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*The actual name of the law is "Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001". Overwhelming acronym superiority is one of the many advantages of the worlds sole remaining superpower.

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Humani nil a me alienum puto

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mousethief

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Only people who spoke publicly against the Patriot Act when it was enacted have moral standing to bitch now.

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This is the last sig I'll ever write for you...

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Mere Nick
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A local talk radio guy kept asking way back when "do people who support this now want Hillary to have that power later?".

This country needs an enema.

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"Well that's it, boys. I've been redeemed. The preacher's done warshed away all my sins and transgressions. It's the straight and narrow from here on out, and heaven everlasting's my reward."
Delmar O'Donnell

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Crœsos
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quote:
Originally posted by mousethief:
Only people who spoke publicly against the Patriot Act when it was enacted have moral standing to bitch now.

Speaking of which . . .

quote:
In digital era, privacy must be a priority. Is it just me, or is secret blanket surveillance obscenely outrageous? ow.ly/lKS13
@algore

Yeah, that guy. Remind me again how the U.S. dodged a bullet in 2000?

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Humani nil a me alienum puto

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Mere Nick
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There's no telling what Gore would have done if he were president.

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"Well that's it, boys. I've been redeemed. The preacher's done warshed away all my sins and transgressions. It's the straight and narrow from here on out, and heaven everlasting's my reward."
Delmar O'Donnell

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tclune
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quote:
Originally posted by mousethief:
Only people who spoke publicly against the Patriot Act when it was enacted have moral standing to bitch now.

This is an incredibly self-defeating notion (unless you are trying to keep this abomination in place, of course.) We should welcome anyone who sees the light, however late, with open arms. Or so ISTM.

--Tom Clune

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This space left blank intentionally.

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Mere Nick
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quote:
Originally posted by tclune:
quote:
Originally posted by mousethief:
Only people who spoke publicly against the Patriot Act when it was enacted have moral standing to bitch now.

This is an incredibly self-defeating notion (unless you are trying to keep this abomination in place, of course.) We should welcome anyone who sees the light, however late, with open arms. Or so ISTM.

--Tom Clune

Luke 15:17 "When he came to his senses . . ."

[ 06. June 2013, 17:05: Message edited by: Mere Nick ]

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"Well that's it, boys. I've been redeemed. The preacher's done warshed away all my sins and transgressions. It's the straight and narrow from here on out, and heaven everlasting's my reward."
Delmar O'Donnell

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no prophet's flag is set so...

Proceed to see sea
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We're told by the privacy law people in Canada that we should avoid USA-based data services entirely because we have no idea what they might be snooping on. This includes all business data back-up, internet calling services, health records.

It seems the idea of getting data is initially noble: detecting terrorists and other related threats and stopping them. But it gets misused. Considering the parallel to arresting people, with the misuse of black sites to hold them in.

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Out of this nettle, danger, we pluck this flower, safety.
\_(ツ)_/

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argona
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Coming soon to a UK government near you http://www.guardian.co.uk/politics/2013/may/30/snoopers-charter-web-five-letter
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irish_lord99
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quote:
Originally posted by mousethief:
Only people who spoke publicly against the Patriot Act when it was enacted have moral standing to bitch now.

How much more hypocritical is it that those who once spoke publicly against it are now embracing it and utilizing it to it's fullest potential?

It was a horrible notion from the beginning, to be sure. Once again, under threat of X, Americans give away their freedoms to the government, who always knows best. Before it was the commies, now the terrorist, next it'll be something else.

[Disappointed]

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"There are three kinds of lies: lies, damned lies, and statistics." - Mark Twain

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mousethief

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quote:
Originally posted by irish_lord99:
How much more hypocritical is it that those who once spoke publicly against it are now embracing it and utilizing it to it's fullest potential?

It is, indeed, a contemptible thing.

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Mere Nick
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quote:
Originally posted by irish_lord99:
Once again, under threat of X, Americans give away their freedoms to the government, who always knows best. Before it was the commies, now the terrorist, next it'll be something else.

We have met the X and he is us.

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"Well that's it, boys. I've been redeemed. The preacher's done warshed away all my sins and transgressions. It's the straight and narrow from here on out, and heaven everlasting's my reward."
Delmar O'Donnell

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IconiumBound
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We have been told that the data collected is only the telephone numbers and the time of the call. But officials (Senators) have said that the data provides a way to "map" an individual's daily movements. How can this be if only area codes are provided? Cell phones would not even have these location hints?
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LeRoc

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I'm definitely not a technician, but I understand that cell phones make contact with the nearest antenna, and the information of which antenna this is is stored. If this information is turned over to the NSA, they can find out a lot of information about the cell phone owner. If they were at a demonstration, for example.

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I know why God made the rhinoceros, it's because He couldn't see the rhinoceros, so He made the rhinoceros to be able to see it. (Clarice Lispector)

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Mere Nick
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On the Law and Order shows it seems most of the bad guys use disposable phones, anyway.

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"Well that's it, boys. I've been redeemed. The preacher's done warshed away all my sins and transgressions. It's the straight and narrow from here on out, and heaven everlasting's my reward."
Delmar O'Donnell

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Golden Key
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The Electronic Frontier Foundation is keeping an eye on the story.

Also the Common Dreams progressive news site, which has great resource links at the bottom of the page.

And Democracy Now is on the case.

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--"Oh bat bladders, do you have to bring common sense into this?" (Dragon, "Jane & the Dragon")
--"Oh, Peace Train, save this country!" (Yusuf/Cat Stevens, "Peace Train")

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Grammatica
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quote:
Originally posted by Golden Key:
The Electronic Frontier Foundation is keeping an eye on the story.

Also the Common Dreams progressive news site, which has great resource links at the bottom of the page.

And Democracy Now is on the case.

Glad to learn this. I'm outraged by these revelations. By the snoopiness, and the uselessness.

Did absolutely no good as far as the Boston Marathon bombers were concerned.

PS: Is it only me who worries about political uses of this information? If a cell phone can track location, it can track a "family values" politician on his regular visits to his mistress, boyfriend, or dominatrix and her dungeon. And that information can be used to keep the politician in line for crucial votes. Ditto for journalists. Similar uses of sensitive data were made, back in the pre-electronic age, anyway.

[ 07. June 2013, 17:38: Message edited by: Grammatica ]

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ken
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quote:
Originally posted by IconiumBound:
We have been told that the data collected is only the telephone numbers and the time of the call.

If they want to ac tually listen to what someone ius saying they do it differently. They have been doingthat for decades, and co-operating with British (and other) security services to share data - but they don;t have enopugh computer stuff to listen to *every* call. They can store traffic data though (telcos already do for billing and debugging)

That is quite different from the Internet stuff of course.

quote:
Originally posted by LeRoc:
I'm definitely not a technician, but I understand that cell phones make contact with the nearest antenna, and the information of which antenna this is is stored.

Well yes, it has to. Otherwise the phone company won;t know where to route your calls to. That's how cellphones work.

In urban areas you can triangulate on signal an work out where a phone is to within a few metres (you can do it yourself on s smartphone with no GPS - how else does it know where it is for that all-important Facebook Location information?)

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Ken

L’amor che move il sole e l’altre stelle.

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RuthW

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The Fourth Amendment is dead, and Obama's promises of transparency in government were outright lies.

Russ Feingold quoted Justice Arthur Goldberg back in October of 2001 when he was telling us that the Patriot Act was a bad idea:

quote:
From Kennedy v. Mendoza-Martinez:
"It is fundamental that the great powers of Congress to conduct war and to regulate the Nation's foreign relations are subject to the constitutional requirements of due process. The imperative necessity for safeguarding these rights to procedural due process under the gravest of emergencies has existed throughout our constitutional history, for it is then, under the pressing exigencies of crisis, that there is the greatest temptation to dispense with fundamental constitutional guarantees which, it is feared, will inhibit governmental action. "The Constitution of the United States is a law for rulers and people, equally in war and peace, and covers with the shield of its protection all classes of men, at all times, and under all circumstances ... In no other way can we transmit to posterity unimpaired the blessings of liberty, consecrated by the sacrifices of the Revolution."
Source


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Hedgehog

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quote:
Originally posted by Grammatica:
PS: Is it only me who worries about political uses of this information?

Well, yes, that is the concern. After all, the phone companies have had access to this data all along and nobody worried about it. Probably because the only likely use that the phone company would make of it is to sell the info to marketers to allow for even more targetted marketing. But the politically motivated could and would use it in so many disreputable and hypocritical ways.

Having said that, I do find it ironic that some people I know who freely talk on their cell phones on the bus, in restaurants and other public places are now muttering about their privacy being violated... [Roll Eyes]

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"We must regain the conviction that we need one another, that we have a shared responsibility for others and the world, and that being good and decent are worth it."--Pope Francis, Laudato Si'

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RuthW

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Oh for fuck's sake. Hedgehog, can you really not see the difference between an individual's stupid choice to talk too loudly in public and the government gathering metadata on phone calls made throughout the US and tapping straight into the servers of major internet service providers?
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Jay-Emm
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quote:
Originally posted by Grammatica:

PS: Is it only me who worries about political uses of this information? If a cell phone can track location, it can track a "family values" politician on his regular visits to his mistress, boyfriend, or dominatrix and her dungeon. And that information can be used to keep the politician in line for crucial votes. Ditto for journalists. Similar uses of sensitive data were made, back in the pre-electronic age, anyway. [/QB]

No, I'm all for it being hard for a "family value" politician to have regular visits (or any variant of systematic deception by anyone).
But for someone else to have control of that is ugly.

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LeRoc

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quote:
Grammatica: PS: Is it only me who worries about political uses of this information? If a cell phone can track location, it can track a "family values" politician on his regular visits to his mistress, boyfriend, or dominatrix and her dungeon. And that information can be used to keep the politician in line for crucial votes. Ditto for journalists. Similar uses of sensitive data were made, back in the pre-electronic age, anyway.
That's only the beginning. For example, the Occupy manifestations had specific times and locations. By cross-referencing these with the cell-phone location records, government could easily identify its participants. Or that of mosques. Or of abortion clinics. I can think of some very scary things that government could do with this kind of information.

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I know why God made the rhinoceros, it's because He couldn't see the rhinoceros, so He made the rhinoceros to be able to see it. (Clarice Lispector)

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Fr Weber
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quote:
Originally posted by no prophet:
We're told by the privacy law people in Canada that we should avoid USA-based data services entirely because we have no idea what they might be snooping on. This includes all business data back-up, internet calling services, health records.

It seems the idea of getting data is initially noble: detecting terrorists and other related threats and stopping them. But it gets misused. Considering the parallel to arresting people, with the misuse of black sites to hold them in.

But perhaps if we catch a few pedophiles it will all be worth it.

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"The Eucharist is not a play, and you're not Jesus."

--Sr Theresa Koernke, IHM

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LeRoc

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quote:
Fr Weber: But perhaps if we catch a few pedophiles it will all be worth it.
No, prevention of pedophily doesn't justify everything.

(FWIW To me there is a difference between a situation where a pedophile has already confessed to a priest, and blanket rules involving a lot of people that might prevent pedophily. But I guess that would better be discussed on the other thread.)

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I know why God made the rhinoceros, it's because He couldn't see the rhinoceros, so He made the rhinoceros to be able to see it. (Clarice Lispector)

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Kelly Alves

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quote:
Originally posted by mousethief:
Only people who spoke publicly against the Patriot Act when it was enacted have moral standing to bitch now.

Isn't that one of the many conversations that gave Ruth W her title?

Yeah I remember the early days of the Patriot Act. For the most part, people who tried to speak out about it were labeled unpatriotic.

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I cannot expect people to believe “
Jesus loves me, this I know” of they don’t believe “Kelly loves me, this I know.”
Kelly Alves, somewhere around 2003.

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ken
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quote:
Originally posted by LeRoc:
quote:
Fr Weber: But perhaps if we catch a few pedophiles it will all be worth it.
No, prevention of pedophily doesn't justify everything.

For I detect a little sarcasm in Fr Weber's tone of voice?

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Ken

L’amor che move il sole e l’altre stelle.

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Hedgehog

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quote:
Originally posted by RuthW:
Oh for fuck's sake. Hedgehog, can you really not see the difference between an individual's stupid choice to talk too loudly in public and the government gathering metadata on phone calls made throughout the US and tapping straight into the servers of major internet service providers?

Yes, Ruth, of course I do. That would explain my first paragraph. And why I used the word "ironic" in the second paragraph, while I used "disreputable and hypocritical" in the first.

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"We must regain the conviction that we need one another, that we have a shared responsibility for others and the world, and that being good and decent are worth it."--Pope Francis, Laudato Si'

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Fr Weber
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quote:
Originally posted by Kelly Alves:
quote:
Originally posted by mousethief:
Only people who spoke publicly against the Patriot Act when it was enacted have moral standing to bitch now.

Isn't that one of the many conversations that gave Ruth W her title?

Yeah I remember the early days of the Patriot Act. For the most part, people who tried to speak out about it were labeled unpatriotic.

I complained bitterly about it, and nearly everyone I spoke to on the subject handwaved my concern with the typical "Well, if it keeps us SAFE..." nonsense.

I feel a little like Cato the Elder saying it, but nevertheless : repeal the Patriot Act, and dismantle Homeland Security and the TSA.

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"The Eucharist is not a play, and you're not Jesus."

--Sr Theresa Koernke, IHM

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RuthW

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quote:
Originally posted by Hedgehog:
quote:
Originally posted by RuthW:
Oh for fuck's sake. Hedgehog, can you really not see the difference between an individual's stupid choice to talk too loudly in public and the government gathering metadata on phone calls made throughout the US and tapping straight into the servers of major internet service providers?

Yes, Ruth, of course I do. That would explain my first paragraph. And why I used the word "ironic" in the second paragraph, while I used "disreputable and hypocritical" in the first.
I still don't see how yapping too loud on the phone even comes into the conversation.
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Nicolemr
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I think, Ruth, that he was making a tiny joke.

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On pilgrimage in the endless realms of Cyberia, currently traveling by ship. Now with live journal!

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Leorning Cniht
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# 17564

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So if I believe CSI, it is routine for the police to get a court order to get access to the cellphone records of a suspect, from which they derive his location as a function of time, and who his friends and contacts are.

The differences between that and this are:

1. Warehousing of data by NSA rather than relying on what the cellphone companies keep (maybe NSA keeps data longer).

2. Instead of requiring a court order to examine someone's phone records, the NSA needs to think that they might like to see them.

Do I have that right?

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Crœsos
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quote:
Originally posted by Leorning Cniht:
So if I believe CSI, it is routine for the police to get a court order to get access to the cellphone records of a suspect, from which they derive his location as a function of time, and who his friends and contacts are.

The differences between that and this are:

1. Warehousing of data by NSA rather than relying on what the cellphone companies keep (maybe NSA keeps data longer).

2. Instead of requiring a court order to examine someone's phone records, the NSA needs to think that they might like to see them.

Do I have that right?

Not quite. The other difference is that instead of getting the records of a particular suspect the NSA is collecting everyone's phone records, whether they're suspected of anything or not. Under the current program, a warrant need not "particularly describ[e] the place to be searched, and the persons or things to be seized".

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Humani nil a me alienum puto

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malik3000
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For a while now I have abandoned any idea that there is any foolproof privacy in any of our mass communications. I am not at all surprised, just sad.

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God = love.
Otherwise, things are not just black or white.

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Leorning Cniht
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quote:
Originally posted by Crœsos:
Not quite. The other difference is that instead of getting the records of a particular suspect the NSA is collecting everyone's phone records, whether they're suspected of anything or not. [/QB]

My understanding was that they collect everyone's records in the sense that they archive all the data so they have it available (that's my point 1), but only decide to look at particular individuals and their connections (but without the inconvenience of a little thing like a warrant).

My understanding was that they are not doing data mining and pattern matching on the whole dataset to identify suspicious behaviour patterns that call for further investigation, but of course we only have the word of the secret, secretive spy organization for that. Once they control the data, there is no technical impediment preventing them from doing anything with it.

(The data geek in me would love to play with that dataset. The healthy paranoid in me is rather unnerved that it exists.)

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Crœsos
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quote:
Originally posted by Leorning Cniht:
My understanding was that they collect everyone's records in the sense that they archive all the data so they have it available (that's my point 1), but only decide to look at particular individuals and their connections (but without the inconvenience of a little thing like a warrant).

I'm not sure that's a meaningful distinction under the law. Typically it's more concerned with what kinds of information the state collects and how it's collected than what's done with it after it's been acquired.

And, of course, now we have confirmation that the PRISM program exists. In contrast to the NSA's cell phone tracking, this one actually involves collecting and (in theory) analyzing the contents of files and communications.

[ 07. June 2013, 22:41: Message edited by: Crœsos ]

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Golden Key
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Re warrants, etc.:

I suspect that No Such Agency pretty much does what it wants.

I'd be happy to be wrong.

OTOH, I lived through Watergate and the days of CONTELPRO. So color me cynical.

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Golden Key
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Sorry. Too late to fix my typo. Should be COINTELPRO.

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Dave W.
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quote:
Originally posted by Crœsos:
quote:
Originally posted by Leorning Cniht:
My understanding was that they collect everyone's records in the sense that they archive all the data so they have it available (that's my point 1), but only decide to look at particular individuals and their connections (but without the inconvenience of a little thing like a warrant).

I'm not sure that's a meaningful distinction under the law. Typically it's more concerned with what kinds of information the state collects and how it's collected than what's done with it after it's been acquired.
This statement from the Director of National Intelligence claims that there are, in fact, legal restrictions on how the database is used:
quote:
◾By order of the FISC, the Government is prohibited from indiscriminately sifting through the telephony metadata acquired under the program. All information that is acquired under this program is subject to strict, court-imposed restrictions on review and handling. The court only allows the data to be queried when there is a reasonable suspicion, based on specific facts, that the particular basis for the query is associated with a foreign terrorist organization. Only specially cleared counterterrorism personnel specifically trained in the Court-approved procedures may even access the records.
I was surprised to see this - I had been thinking that the whole point of hoovering up everything would have been to do data mining. I suppose one could argue that having an archive of the data enables more permissible, warranted searches by preserving records longer than the telecoms normally would.

But if that's all they're doing with it, why does it have to be so hush-hush? We already know they can get this kind of info (if over a more limited time span) from telecoms if they have a specific target; the idea that they might be able to do the same kind of (what sound like) permissible searches on older data doesn't seem a big enough deal to justify all the secrecy.

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Hedgehog

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quote:
Originally posted by RuthW:
quote:
Originally posted by Hedgehog:
quote:
Originally posted by RuthW:
Oh for fuck's sake. Hedgehog, can you really not see the difference between an individual's stupid choice to talk too loudly in public and the government gathering metadata on phone calls made throughout the US and tapping straight into the servers of major internet service providers?

Yes, Ruth, of course I do. That would explain my first paragraph. And why I used the word "ironic" in the second paragraph, while I used "disreputable and hypocritical" in the first.
I still don't see how yapping too loud on the phone even comes into the conversation.
Rather a lot to go through here. First, Nicolemr is correct that it was a tiny joke and I apologize if it has distracted from the main thread. But, as usual, my jokes tend to have a small grain of seriousness in them. Having said that, I accept the rebuke that it is obscure and needs to be explained. (I am not sure that it was so obscure that it deserved obscenity, but I suppose that is a matter of personal style.)

So here is the convoluted path: When I heard about this, I thought back to my days in law school several decades ago. And I remember my prof discussing the concept of a "reasonable expectation of privacy." He commented that, if you are speaking on the phone and others could hear it, then you have no reasonable expectation of privacy and that therefore (at least in theory) the police could listen in without a warrant. Why? Because it wasn't a "private" conversation! I commented that, taken to the extreme, that theory would mean that no phone conversation was ever private because every conversation was subject to be ing overheard. He agreed: the phone operator always has the technical ability to break into a conversation.

This led me to think of people talking on their cell phones in public. The thing is, my experience is that they act as if their conversation should be private--they are offended if you show any signs of listening in. But this isn't reasonable. They are talking in public. This made me think that what people consider "private" is not necessarily a "reasonable expectation" of privacy. Just because you think it is rude that others are listening in does not make it a private conversation.

I then thought about Facebook. In litigation (whether with the government or civil trials) what people post on Facebook often comes back to haunt them when the other side brings it up to damage their credibility (if they say something different in court than they posted on Facebook)(e.g., in court, they say "I am in so much pain that I spend my day just sitting on a couch" but on Facebook they post "Went dancing and then riding a roller coaster!"). The Facebook poster tends to be offended because they consider Facebook posts to be "private" but, of course, they are not. Others can see it. The personal intent that it should be private does not override the fact that it is not.

And that made me think about internet access. And we all know that what we access on the internet is not "private." Businesses, for example, set up cookies to track where we go to some extent. So, for example, I visit a website of a tea distributor and, for weeks thereafter, the little side ads on the SOF are trying to sell me tea. This is not a coincidence. Obviously, my visit to the tea site was not "private." In the same way, as I mentioned before, the phone company has always had this phone info as to when and where I made a call. They could, theoretically, use it in any way they see fit. It isn't "private." Others beyond my control have always had access to it.

But this in no way exonerates the government in the current situation. Croesos has it right. I have no problem with the government accessing such information when they have a specific suspect and probable cause to think that the records will provide information of illegal conduct. What is obscene about the Patriot Act is that it has essentially dumped probable cause and permitted everybody's records to be collected without any definite evidence (i.e., probable cause) to do so. That is what violates the fundamental principles of the Constitution. While a private business might get away with it, the government cannot. The government can certainly look at such information in the proper situation with the proper evidence to establish probable cause for a particular suspect, with the courts acting as gatekeeper. But none of that is what is happening here and what the government is doing should be stopped.

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Callan
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I think that David Simon makes rather a good point, here.

Relatedly, I am never sure why people seem to object in principle to the government accessing other peoples e-mail accounts. Personally, if Special Branch want to peruse, say, Anjem Choudary's hotmail account I think we should let them get on with it.

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quote:
Originally posted by Gildas:
Relatedly, I am never sure why people seem to object in principle to the government accessing other peoples e-mail accounts.

Because that's the job of your employer? [Big Grin]

--Tom Clune

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lilBuddha
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quote:
Originally posted by Gildas:
I think that David Simon makes rather a good point, here.

Relatedly, I am never sure why people seem to object in principle to the government accessing other peoples e-mail accounts. Personally, if Special Branch want to peruse, say, Anjem Choudary's hotmail account I think we should let them get on with it.

Sorry, no he does not make a good point. The difference between asking for a wiretap and this* is that the information is already gathered. It will be abused. History has shown that this is not a question.

*and the snoopers charter

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Callan
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But the analogy wasn't with a wiretap. If the government wanted to tap all our phone numbers on the off chance that it would lead to a successful criminal prosecution then I would object strongly on the grounds that a) it was a violation of privacy and b) it was a waste of government money.

The analogy is with the Baltimore PD making note of every telephone number being rung by a bank of payphones so they can establish that the payphones are being used to page drug dealers. Which can then be used for an authorisation for a wire tap. Basically this little lot is going to sit inert in a warehouse somewhere until they get, say, a telephone number which they know will be used by a Jihadist, at which point they will run it through the data bank for hits. Rather tedious if you delivered Pizza to said Jihadist back in the day but generally not a bad idea. Of course, it could be misused if the Nazis swept to power but this is also an argument for dismantling the police and the armed services as well.

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Crœsos
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quote:
Originally posted by Gildas:
The analogy is with the Baltimore PD making note of every telephone number being rung by a bank of payphones so they can establish that the payphones are being used to page drug dealers.

Which makes it non-analogous to the NSA program.

quote:
Allow for a comparable example, dating to the early 1980s in a place called Baltimore, Maryland.

There, city detectives once began to suspect that major traffickers were using a combination of public pay phones and digital pagers to communicate their business. And they took their suspicions to a judge and obtained court orders — not to monitor any particular suspect, but to instead cull the dialed numbers from the thousands and thousands of calls made to and from certain city pay phones.

Note the difference. Unlike the current NSA program the police suspected certain, specific pay phones of being used for criminal activity and presented enough evidence supporting this "probable cause" to an independent judge, probably "supported by Oath or affirmation", upon which a warrant was issued. The Baltimore police didn't say "we suspect drug traffickers are using phones, so we want to review the records of all phone calls made in Baltimore".

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lilBuddha
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There are more examples, but one name shows the potential for abuse: J. Edgar Hoover.

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Callan
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quote:
Originally posted by Crœsos:
quote:
Originally posted by Gildas:
The analogy is with the Baltimore PD making note of every telephone number being rung by a bank of payphones so they can establish that the payphones are being used to page drug dealers.

Which makes it non-analogous to the NSA program.

quote:
Allow for a comparable example, dating to the early 1980s in a place called Baltimore, Maryland.

There, city detectives once began to suspect that major traffickers were using a combination of public pay phones and digital pagers to communicate their business. And they took their suspicions to a judge and obtained court orders — not to monitor any particular suspect, but to instead cull the dialed numbers from the thousands and thousands of calls made to and from certain city pay phones.

Note the difference. Unlike the current NSA program the police suspected certain, specific pay phones of being used for criminal activity and presented enough evidence supporting this "probable cause" to an independent judge, probably "supported by Oath or affirmation", upon which a warrant was issued. The Baltimore police didn't say "we suspect drug traffickers are using phones, so we want to review the records of all phone calls made in Baltimore".

That's a fair point inasmuch as the scale of earlier trawls for data was smaller but the principle is that innocent people had their phone calls noted by the police. Now in the earlier instance the innocent people were people using payphones in the projects and in the current instance the innocent people are anyone using a given mobile phone provider.

Now admittedly my understanding of the social dynamic here derives from the wire but the Baltimore PD getting the info from payphones in the projects largely affects the urban underclass whereas mobile phone ownership affects People Like Us. This couldn't have anything to do with the "woe unto Illium" routine, could it?

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tclune
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quote:
Originally posted by Gildas:
Now admittedly my understanding of the social dynamic here derives from the wire but the Baltimore PD getting the info from payphones in the projects largely affects the urban underclass whereas mobile phone ownership affects People Like Us. This couldn't have anything to do with the "woe unto Illium" routine, could it?

I don't think so. Massive data mining is different in kind from targeted searches of small nets for limited times. Being able to track who everyone is calling, and from where and at what time is massively more dangerous to our liberties than some shmuck cop getting a warrant to track a few pay phones for a specified period of time. With such data access, it is quite possible to focus on, say, a political opponent and work back in time to find some questionable associations in their past, and then either track down or make up incriminating behavior to undermine your rival. This is truly worrisome power, and should alarm everyone. Or so ISTM.

--Tom Clune

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