42
   

Snowdon is a dummy

 
 
izzythepush
 
  1  
Tue 14 Jan, 2014 03:00 pm
@Frank Apisa,
It's quite simple Frank. You're saying Snowden broke the law. I don't think anyone is arguing against that, so let's just take it as read.

You're stating that those who break the law should be tried. Your opponents are saying the law is an ass, that Snowden's actions exposed much greater criminality.

Now you can continue down the path of saying that the law is paramount but it won't get you very far, because we believe the law is an ass. (It's the same expression over here btw, because ass refers to donkey/fool not arse.)

The conflict between ethics and jurisprudence has been around since people first devised laws. I'm sure those people who ran the 'underground railroad,' getting slaves into the free states, were also breaking the law, but none of their supporters would have wanted them to have had a 'fair trial' in Atlanta.
izzythepush
 
  1  
Tue 14 Jan, 2014 03:02 pm
@Frank Apisa,
Frank Apisa wrote:
I especially love the posts from the people I own.


I posted my previous post before I read this one, so I can't be accused of using a really brilliant analogy, even though it looks like I have.
Frank Apisa
 
  1  
Tue 14 Jan, 2014 03:04 pm
@izzythepush,
izzythepush wrote:

It's quite simple Frank. You're saying Snowden broke the law.


Maybe it is not as simply as you suppose, Izzy.

I HAVE NEVER said that Snowden broke the law.

I said he has been charged with breaking the law.

That is the purpose of a trial...to determine if the prosecution can prove that he broke the law.

So...perhaps you want to start over again.
Frank Apisa
 
  1  
Tue 14 Jan, 2014 03:06 pm
@izzythepush,
izzythepush wrote:

Frank Apisa wrote:
I especially love the posts from the people I own.


I posted my previous post before I read this one, so I can't be accused of using a really brilliant analogy, even though it looks like I have.


No problem, Iz. I certainly was not referring to you in that comment.
0 Replies
 
Olivier5
 
  1  
Tue 14 Jan, 2014 03:20 pm
@Frank Apisa,
Okay... Why don't you work on that Snowden trial? But the US government definitely deserves a fair trial...and I champion their right to get one.
Frank Apisa
 
  2  
Tue 14 Jan, 2014 03:27 pm
@Olivier5,
Olivier5 wrote:

Okay... Why don't you work on that Snowden trial? But the US government definitely deserves a fair trial...and I champion their right to get one.


Fine...but the US government has not been charged with anything. In fact, the US government CANNOT be charged with anything. Perhaps President Obama is what you mean...or some of the other officials.

But none of them have charges pending.

Snowden does.

Ya know?
izzythepush
 
  1  
Tue 14 Jan, 2014 03:54 pm
@Frank Apisa,
Why, because the argument I support is that the law he broke is an unjust law. You want the trial with the law as it. My argument is that the law needs fixing first.

Btw he clearly did break that law, you can pretend that a 'fair trial' might not find him guilty, but it's more or less a foregone conclusion unless you take the greater good into account, but it won't.
Frank Apisa
 
  1  
Tue 14 Jan, 2014 04:01 pm
@izzythepush,
izzythepush wrote:

Why, because the argument I support is that the law he broke is an unjust law.


Please explain to me why you think laws requiring classified document not to be stolen...are unjust?

Quote:
You want the trial with the law as it. My argument is that the law needs fixing first.


Every country has that law. England has one that is very strongly enforced.

Quote:
Btw he clearly did break that law, you can pretend that a 'fair trial' might not find him guilty, but it's more or less a foregone conclusion unless you take the greater good into account, but it won't.


The question is not "did he break the law" in our country, Izzy...the question is can the prosecution prove to the satisfaction of a jury of his peer that he did.
spendius
 
  2  
Tue 14 Jan, 2014 04:08 pm
@izzythepush,
Quote:
Now you can continue down the path of saying that the law is paramount but it won't get you very far,


It will get him as far as those in Nazi Germany got by saying the law was paramount for over ten years.
0 Replies
 
spendius
 
  2  
Tue 14 Jan, 2014 04:18 pm
@Frank Apisa,
Quote:
I especially love the posts from the people I own.


Apisa owns nobody. It's a twee affectation he sports. A put-down when he's stumped. Works everytime for the clueless.

It might be to compensate for not having enough to buy a frog a jacket, being a rabbit at golf and possibly being henpecked aw-te-**** from morning to night.

Is the filing of charges the same as a legal charge?
0 Replies
 
Walter Hinteler
 
  2  
Tue 14 Jan, 2014 04:34 pm
Snowden to Join Board of the Freedom of the Press Foundation

Quote:
Washington — Edward J. Snowden, the former National Security Agency contractor whose leaks of secret documents set off a national and global debate about government spying, is joining the board of a nonprofit organization co-founded by Daniel Ellsberg, the well-known leaker of the Pentagon Papers during the Vietnam War.

The announcement by the group, the Freedom of the Press Foundation, is the latest contribution to a public relations tug of war between Mr. Snowden’s critics, who portray him as a criminal and a traitor, and his supporters, who say he is a whistle-blower and source for the news media in the tradition of Mr. Ellsberg.

The foundation’s board already includes two of the journalists Mr. Snowden gave N.S.A. documents to, Glenn Greenwald and Laura Poitras. But the organization — which consulted with lawyers about whether adding Mr. Snowden to its board could jeopardize its nonprofit tax status — is trying to emphasize parallels between Mr. Snowden and Mr. Ellsberg.
[...]
Because Mr. Snowden is living in Russia, where he was granted temporary asylum, he will participate in board meetings by a remote link, according to the group’s director, Trevor Timm.

Mr. Timm said that before offering Mr. Snowden a position, the group consulted with lawyers about whether doing so could create legal problems. The Internal Revenue Service recently granted the group nonprofit status under a section of the tax code that allows donors to deduct contributions from their taxable income, he said.

The lawyers, he said, concluded that Mr. Snowden’s participation as a board member — an unpaid position — should not jeopardize that status because the I.R.S. has not penalized other groups with board members under indictment. Rather, such tax status is generally put at risk when groups stray from their mission.

Mr. Timm said that the foundation’s mission was to encourage “news organizations to publish government secrets in the public interest and for brave whistle-blowers to come forward, even though it is personally very risky.” He added: “Snowden embodies exactly what we started this organization for, so I think we’re pretty safe.”
[...]
The group is increasingly focused on helping journalists protect the security of their communications, including by disseminating and managing a free software system to enable would-be sources to send leaked files to journalists in a way it says can evade surveillance.

“Journalism isn’t possible unless reporters and their sources can safely communicate, and where laws can’t protect that, technology can,” Mr. Snowden said in his statement. “This is a hard problem, but not an unsolvable one, and I look forward to using my experience to help find a solution.”
0 Replies
 
Olivier5
 
  1  
Tue 14 Jan, 2014 06:31 pm
@Frank Apisa,
Quote:
In fact, the US government CANNOT be charged with anything.

Still, me think they DESERVE a fair trial...
Frank Apisa
 
  2  
Tue 14 Jan, 2014 08:17 pm
@Olivier5,
Olivier5 wrote:

Quote:
In fact, the US government CANNOT be charged with anything.

Still, me think they DESERVE a fair trial...


That is fine with me.
izzythepush
 
  1  
Wed 15 Jan, 2014 02:31 am
@Frank Apisa,
Frank Apisa wrote:


Every country has that law. England has one that is very strongly enforced.


Please don't turn this into some sort of UK vs UK debate. You're not BillRM, let's stick to the point.

Quote:

The question is not "did he break the law" in our country, Izzy...the question is can the prosecution prove to the satisfaction of a jury of his peer that he did.



And they will because the evidence is overwhelming. There is no provision for the greater good, which is why the law is deficient.
BillRM
 
  2  
Wed 15 Jan, 2014 02:42 am
@izzythepush,
Quote:
Why, because the argument I support is that the law he broke is an unjust law. You want the trial with the law as it. My argument is that the law needs fixing first.

Btw he clearly did break that law, you can pretend that a 'fair trial' might not find him guilty, but it's more or less a foregone conclusion unless you take the greater good into account, but it won't.


Quote:


https://en.wikipedia.org/wiki/Jury_nullification

Jury nullification occurs in a trial when a jury acquits a defendant they believe to be guilty of the charges against them. This may occur when members of the jury disagree with the law the defendant has been charged with breaking, or believe that the law should not be applied in that particular case. A jury can similarly convict a defendant on the ground of disagreement with an existing law, even if no law is broken (although in jurisdictions with double jeopardy rules, a conviction can be overturned on appeal, but an acquittal cannot).

A jury verdict contrary to the letter of the law pertains only to the particular case before it. If a pattern of acquittals develops, however, in response to repeated attempts to prosecute a statutory offence, this can have the de facto effect of invalidating the statute. A pattern of jury nullification may indicate public opposition to an unwanted legislative enactment.



Quote:


https://en.wikipedia.org/wiki/Necessity

In U.S. criminal law, necessity may be either a possible justification or an exculpation for breaking the law. Defendants seeking to rely on this defense argue that they should not be held liable for their actions as a crime because their conduct was necessary to prevent some greater harm and when that conduct is not excused under some other more specific provision of law such as self defense. Except for a few statutory exemptions and in some medical cases [1] there is no corresponding defense in English law for murder.[2]

For example, a drunk driver might contend that he drove his car to get away from a kidnap (cf. North by Northwest). Most common law and civil law jurisdictions recognize this defense, but only under limited circumstances. Generally, the defendant must affirmatively show (i.e., introduce some evidence) that (a) the harm he sought to avoid outweighs the danger of the prohibited conduct he is charged with; (b) he had no reasonable alternative; (c) he ceased to engage in the prohibited conduct as soon as the danger passed; and (d) he did not himself create the danger he sought to avoid. Thus, with the "drunk driver" example cited above, the necessity defense will not be recognized if the defendant drove further than was reasonably necessary to get away from the kidnapper, or if some other reasonable alternative was available to him. However case law suggests necessity is narrowed to medical cases.

The political necessity defense saw its demise in the case of United States v. Schoon.[3] In that case, thirty people, including appellants, gained admittance to the IRS office in Tucson, where they chanted "keep America's tax dollars out of El Salvador," splashed simulated blood on the counters, walls, and carpeting, and generally obstructed the office's operation. The court ruled that the elements of necessity did not exist in this case.[4]
BillRM
 
  2  
Wed 15 Jan, 2014 02:51 am
@Frank Apisa,
Quote:
Please explain to me why you think laws requiring classified document not to be stolen...are unjust?


That is kind of a simple concept as when government lawbreakers misused their power to classified information for the purpose of hiding their misdeeds from the american people just to start with.
Walter Hinteler
 
  2  
Wed 15 Jan, 2014 03:54 am
Quote:
Germany's future transatlantic coordinator Philipp Missfelder says it would be a setback if the No-Spy Agreement didn't come about. But the agreement wouldn't answer all the questions either.

'No-spy deal is no cure-all'
0 Replies
 
izzythepush
 
  1  
Wed 15 Jan, 2014 04:00 am
@BillRM,
It's not the same as specific whistleblower legislation though, more of a shot in the dark.
0 Replies
 
Olivier5
 
  3  
Wed 15 Jan, 2014 07:09 am
@Frank Apisa,
Quote:
That is fine with me.

And it is fine with me too. But I suspect that deep down, the last thing you want is for Obama and co to get a fair trial...
BillRM
 
  2  
Wed 15 Jan, 2014 07:30 am
Quote:


http://www.nytimes.com/2014/01/15/us/nsa-effort-pries-open-computers-not-connected-to-internet.html?_r=0


WASHINGTON — The National Security Agency has implanted software in nearly 100,000 computers around the world that allows the United States to conduct surveillance on those machines and can also create a digital highway for launching cyberattacks.

While most of the software is inserted by gaining access to computer networks, the N.S.A. has increasingly made use of a secret technology that enables it to enter and alter data in computers even if they are not connected to the Internet, according to N.S.A. documents, computer experts and American officials.

The technology, which the agency has used since at least 2008, relies on a covert channel of radio waves that can be transmitted from tiny circuit boards and USB cards inserted surreptitiously into the computers. In some cases, they are sent to a briefcase-size relay station that intelligence agencies can set up miles away from the target.

RELATED COVERAGE

President Obama spoke to reporters before a cabinet meeting at the White House on Tuesday morning. Mr. Obama’s speech on spying guidelines is scheduled for Friday.Obama to Place Some Restraints on SurveillanceJAN. 14, 2014
RECENT COMMENTS

bigness1970 22 minutes ago
Won't do any good, if they are using low level rf signals to transmit data down the man lines onto your carriers lines. The only way to...
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The radio frequency technology has helped solve one of the biggest problems facing American intelligence agencies for years: getting into computers that adversaries, and some American partners, have tried to make impervious to spying or cyberattack. In most cases, the radio frequency hardware must be physically inserted by a spy, a manufacturer or an unwitting user.

The N.S.A. calls its efforts more an act of “active defense” against foreign cyberattacks than a tool to go on the offensive. But when Chinese attackers place similar software on the computer systems of American companies or government agencies, American officials have protested, often at the presidential level.

Among the most frequent targets of the N.S.A. and its Pentagon partner, United States Cyber Command, have been units of the Chinese Army, which the United States has accused of launching regular digital probes and attacks on American industrial and military targets, usually to steal secrets or intellectual property. But the program, code-named Quantum, has also been successful in inserting software into Russian military networks and systems used by the Mexican police and drug cartels, trade institutions inside the European Union, and sometime partners against terrorism like Saudi Arabia, India and Pakistan, according to officials and an N.S.A. map that indicates sites of what the agency calls “computer network exploitation.”

“What’s new here is the scale and the sophistication of the intelligence agency’s ability to get into computers and networks to which no one has ever had access before,” said James Andrew Lewis, the cybersecurity expert at the Center for Strategic and International Studies in Washington. “Some of these capabilities have been around for a while, but the combination of learning how to penetrate systems to insert software and learning how to do that using radio frequencies has given the U.S. a window it’s never had before.”

No Domestic Use Seen
0 Replies
 
 

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