41
   

Snowdon is a dummy

 
 
Olivier5
 
  4  
Reply Tue 18 Feb, 2014 06:06 pm
@revelette2,
What systems could possibly prevent NSA staffers to make millions on the stock market using insider knowledge, or distil poisonous info against politicians they don't like?

Scrap the whole thing before it is too late. It's useless against terrorism anyway.
spendius
 
  1  
Reply Tue 18 Feb, 2014 06:28 pm
@Olivier5,
Oliver--I have been away for a couple of days. Have I missed anything?
Olivier5
 
  2  
Reply Tue 18 Feb, 2014 06:32 pm
@spendius,
Walter and Bill have posted interesting articles.
cicerone imposter
 
  3  
Reply Tue 18 Feb, 2014 06:48 pm
@Frank Apisa,
From Wiki.
Quote:
The NSA warrantless surveillance controversy ("warrantless wiretapping") concerns surveillance of persons within the United States during the collection of allegedly foreign intelligence by the U.S. National Security Agency (NSA) as part of the touted war on terror. Under this program, referred to by the Bush administration as the terrorist surveillance program,[1] part of the broader President's Surveillance Program, the NSA was authorized by executive order to monitor, without search warrants, the phone calls, Internet activity (Web, e-mail, etc.), text messaging, and other communication involving any party believed by the NSA to be outside the U.S., even if the other end of the communication lies within the U.S. However, it has been discovered that all U.S. communications have been digitally cloned by government agencies, in apparent violation of unreasonable search and seizure. The excuse given to avoid litigation was that no data hoarded would be reviewed until searching it would be defensible. But no excuse has been offered the initial seizure of the data which is also illegal, according to the U. S. Constitution.


That judge who claims collection of data is legal doesn't understand the US Constitution.

Quote:
During the Obama Administration, the NSA has allegedly continued operating under the new FISA guidelines.[3] However, in April 2009 officials at the United States Department of Justice acknowledged that the NSA had engaged in "overcollection" of domestic communications in excess of the FISA court's authority, but claimed that the acts were unintentional and had since been rectified


Quote:
In a recent essay, Judge Richard A. Posner opined that FISA "retains value as a framework for monitoring the communications of known terrorists, but it is hopeless as a framework for detecting terrorists. [FISA] requires that surveillance be conducted pursuant to warrants based on probable cause to believe that the target of surveillance is a terrorist, when the desperate need is to find out who is a terrorist."


There is no "probable cause" to believe all Americans are terrorists.

Unintentional? LOL They still broke the laws of the land.
spendius
 
  2  
Reply Tue 18 Feb, 2014 06:48 pm
@Olivier5,
Thanks. I looked through it and it looks like Federal judges are split.
0 Replies
 
cicerone imposter
 
  1  
Reply Tue 18 Feb, 2014 07:05 pm
@cicerone imposter,
Here's some interesting info on whistle blowers.
Quote:
There is a statutory procedure[160] for a "whistleblower" in the intelligence community to report concerns with the propriety of a secret program, The Intelligence Community Whistleblower Protection Act of 1998, Pub. L. 105–272, Title VII, 112 Stat. 2413 (1998). Essentially the Act provides for disclosure to the agency Inspector General, and if the result of that is unsatisfactory, appeal to the Congressional Intelligence Committees. A former official of the NSA, Russ Tice, has asked to testify under the terms of the Intelligence Community Whistleblower Protection Act, in order to provide information to these committees about "highly classified Special Access Programs, or SAPs, that were improperly carried out by both the NSA and the Defense Intelligence Agency."[161]
Executive Order 13292, which sets up the U.S. security classification system, provides (Sec 1.7) that "n no case shall information be classified in order to conceal violations of law".
Frank Apisa
 
  1  
Reply Tue 18 Feb, 2014 07:14 pm
@cicerone imposter,
cicerone imposter wrote:

From Wiki.
Quote:
The NSA warrantless surveillance controversy ("warrantless wiretapping") concerns surveillance of persons within the United States during the collection of allegedly foreign intelligence by the U.S. National Security Agency (NSA) as part of the touted war on terror. Under this program, referred to by the Bush administration as the terrorist surveillance program,[1] part of the broader President's Surveillance Program, the NSA was authorized by executive order to monitor, without search warrants, the phone calls, Internet activity (Web, e-mail, etc.), text messaging, and other communication involving any party believed by the NSA to be outside the U.S., even if the other end of the communication lies within the U.S. However, it has been discovered that all U.S. communications have been digitally cloned by government agencies, in apparent violation of unreasonable search and seizure. The excuse given to avoid litigation was that no data hoarded would be reviewed until searching it would be defensible. But no excuse has been offered the initial seizure of the data which is also illegal, according to the U. S. Constitution.


That judge who claims collection of data is legal doesn't understand the US Constitution.

Quote:
During the Obama Administration, the NSA has allegedly continued operating under the new FISA guidelines.[3] However, in April 2009 officials at the United States Department of Justice acknowledged that the NSA had engaged in "overcollection" of domestic communications in excess of the FISA court's authority, but claimed that the acts were unintentional and had since been rectified


Quote:
In a recent essay, Judge Richard A. Posner opined that FISA "retains value as a framework for monitoring the communications of known terrorists, but it is hopeless as a framework for detecting terrorists. [FISA] requires that surveillance be conducted pursuant to warrants based on probable cause to believe that the target of surveillance is a terrorist, when the desperate need is to find out who is a terrorist."


There is no "probable cause" to believe all Americans are terrorists.

Unintentional? LOL They still broke the laws of the land.


Obviously there is at least one federal judge who does not agree with you. I suspect there are many more.

But why don't you just climb down from your high horse and acknowledge that this will wend its way through the courts...to determine if indeed, as you continue to assert, this has been illegal?

It shouldn't damage your ego too much to suppose there are judges who understand more about the law...and its application than you.
Frank Apisa
 
  1  
Reply Tue 18 Feb, 2014 07:15 pm
@cicerone imposter,
cicerone imposter wrote:

Here's some interesting info on whistle blowers.
Quote:
There is a statutory procedure[160] for a "whistleblower" in the intelligence community to report concerns with the propriety of a secret program, The Intelligence Community Whistleblower Protection Act of 1998, Pub. L. 105–272, Title VII, 112 Stat. 2413 (1998). Essentially the Act provides for disclosure to the agency Inspector General, and if the result of that is unsatisfactory, appeal to the Congressional Intelligence Committees. A former official of the NSA, Russ Tice, has asked to testify under the terms of the Intelligence Community Whistleblower Protection Act, in order to provide information to these committees about "highly classified Special Access Programs, or SAPs, that were improperly carried out by both the NSA and the Defense Intelligence Agency."[161]
Executive Order 13292, which sets up the U.S. security classification system, provides (Sec 1.7) that "n no case shall information be classified in order to conceal violations of law".



Planet Earth calling ci!

We do not know if they were classified "in order to conceal violations of the law."

Judges will determine that.
0 Replies
 
cicerone imposter
 
  2  
Reply Tue 18 Feb, 2014 07:38 pm
@Frank Apisa,
I'm not on any high horse; I just understand the English language that states that the government must have 'probable cause' of a crime for them to get a warrant to search private information.

That anyone, including judges who say different haven't offered the evidence to perform a search - legally.

They're just stupid or ill informed. Read the Constitution; it's all there!
cicerone imposter
 
  2  
Reply Tue 18 Feb, 2014 07:44 pm
@cicerone imposter,
Quote:
Warrants & Probable Cause
By David Baugher, eHow Contributor
Warrants & Probable Cause thumbnail
The Fourth Amendment provides guidelines for searches and the issuance of warrants.
The Fourth Amendment to the United States Constitution is among the most important in the founding documents. In short, it prohibits unreasonable searches and seizures and states that warrants shall only be issued upon probable cause. It also says that warrants must specify both the place targeted in the search and the items which are to be recovered from that location.


Read more: http://www.ehow.com/about_6362927_warrants-probable-cause.html#ixzz2tjD35XIQ
0 Replies
 
BillRM
 
  2  
Reply Tue 18 Feb, 2014 08:30 pm
@revelette2,
Quote:
In the end I imagine this will go to the Supreme Court. I am fine either way, but I wonder if you all will be? If the bulk collecting becomes the law of the land, will you all continue to say it is unconstitutional?


The words of the constitution is as clear as could be on this matter the only issue is whether the courts will or will not enforce those words at this point in history.

The constitution did not change in regard to the matter of separate but equal one little bit between the SC finding that separate but equal treatment between races was constitutional in 1896 and when the then court in the 1950s change the ruling and found that the separate but equal concept not constitutional.

The SC can decide not to enforce the words of the fourth amendment as written but that does not change the words or the meaning of those words.


spendius
 
  2  
Reply Wed 19 Feb, 2014 03:15 am
@BillRM,
Quote:
The words of the constitution is as clear as could be on this matter the only issue is whether the courts will or will not enforce those words at this point in history.


That is exactly how I see it.
0 Replies
 
Walter Hinteler
 
  1  
Reply Wed 19 Feb, 2014 04:08 am
High court ruling on David Miranda Heathrow detention:

David Miranda’s claim that he was unlawfully detained under counter-terrorism powers for nine hours at Heathrow airport last August has been dismissed.

The judges said they accepted that the detention of Miranda and the seizure of computer material was “an indirect interference with press freedom” but they said this was justified by legitimate and “very pressing” interests of national security.

The three judges, Lord Justice Laws, Mr Justice Ouseley and Mr Justice Openshaw, concluded that Miranda’s detention at Heathrow under schedule 7 of the Terrorism 2000 Act was lawful, proportionate and did not breach the European human rights protections of freedom of expression.
Source
BillRM
 
  1  
Reply Wed 19 Feb, 2014 04:19 am
@Walter Hinteler,
Quote:
The judges said they accepted that the detention of Miranda and the seizure of computer material was “an indirect interference with press freedom” but they said this was justified by legitimate and “very pressing” interests of national security.



There is a history of courts not being willing to challenge the executive branch of governments when it come to national security.

An example of that concerning the US were the moving of hundreds of thousands of Japanese Americans with full citizenship from the West coast to camps in the middle west during world war two.
0 Replies
 
Walter Hinteler
 
  1  
Reply Wed 19 Feb, 2014 04:34 am
@Walter Hinteler,
Here is the ruling (pdf data).
Walter Hinteler
 
  3  
Reply Wed 19 Feb, 2014 04:40 am
@Walter Hinteler,
Quote:
David Davis, the former Conservative shadow home secretary and campaigner on civil liberties issues, said:

"When parliament debated these laws in 2000 [the Terrorism Act] it did not consider at all these powers would be used against journalists.
Much less did it consider that it would be used dragnet fashion – 600 times a year. There can be no suggestion that Mr Miranda was a terrorist or that he was seeking to abet terrorism and it was for these purposes that this power was given to the politicians and the security agencies.
Clearly parliament has to look at the powers it has given these agencies since as with a number of other counter-terrorism powers it has been misused and over used. I suspect the supreme court and and the ECHR [European court of human rights] will overturn this judgment."
Source
McTag
 
  1  
Reply Wed 19 Feb, 2014 04:42 am
@Walter Hinteler,
Mr Snowden has now been elected by the students of Glasgow University to be Rector.
See British papers for details.
A largely symbolic and honorary post, nevertheless important.

http://www.bbc.co.uk/news/uk-scotland-glasgow-west-26243567
BillRM
 
  1  
Reply Wed 19 Feb, 2014 05:01 am
@McTag,
I myself would love to see Snowden given the Nobel peace prize over this matter.

Quote:


http://www.theguardian.com/world/2014/jan/29/edward-snowden-nominated-nobel-peace-prize

Two Norwegian politicians say they have jointly nominated the former National Security Agency contractor Edward Snowden for the 2014 Nobel peace prize.

The Socialist Left party politicians Baard Vegar Solhjell, a former environment minister, and Snorre Valen said the public debate and policy changes in the wake of Snowden's whistleblowing had "contributed to a more stable and peaceful world order".

Being nominated means Snowden will be one of scores of names that the Nobel committee will consider for the prestigious award.

The five-member panel will not confirm who has been nominated but those who submit nominations sometimes make them public.

Nominators, including members of national parliaments and governments, university professors and previous laureates, must enter their submissions by 1 February.

The prize committee members can add their own candidates at their first meeting after that deadline.

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0 Replies
 
Walter Hinteler
 
  1  
Reply Wed 19 Feb, 2014 05:55 am
@Walter Hinteler,
It's not that sure that the court(s) will accept an appeal, I understand.

But now it will be safer for journalists not to travel via the UK ...
Walter Hinteler
 
  3  
Reply Wed 19 Feb, 2014 05:58 am
@Walter Hinteler,
Vincent Peyrègne of the World Association of Newspaper and News Publishers has said today’s ruling deals a “serious blow” to public interest journalism in the UK:

"With this ruling we’re even less likely to see the vital public debate - that has so far been lacking in the UK - into the nature of the Guardian’s revelations and what they mean for our society.
The future of serious public interest journalism in the UK has been dealt a serious blow by the court’s refusal to recognise that journalists also have a vital role in defending democracy." Source
 

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