December 16, 2013
— Ace While he granted the injunction, he himself placed it on hold, awaiting the outcome of an appeal.
A federal judge ruled Monday that the National Security AgencyÂ’s bulk collection of phone records violates the ConstitutionÂ’s ban on unreasonable searches, but put his decision on hold pending a near-certain government appeal.U.S. District Court Judge Richard Leon granted a preliminary injunction sought by plaintiffs Larry Klayman and Charles Strange, concluding they were likely to prevail in their constitutional challenge. Leon, an appointee of former President George W. Bush, ruled Monday that the two men are likely to be able to show that their privacy interests outweigh the governmentÂ’s interest in collecting the data. Leon says that means that massive collection program is an unreasonable search under the ConstitutionÂ’s Fourth Amendment.
...
[I]n his a 68-page, heavily footnoted opinion, Leon concluded that the government didn’t cite a single instance in which the program “actually stopped an imminent terrorist attack.”
Some analysis from AllahPundit.
The judge found that a previous 1970s ruling did not control here, because of something I keep talking about: Changes in the power of technology to search and compare bits of data. Fifty years ago the police had a very limited ability to utilize your fingerprints record to harm you. If you became a suspect in a case -- and only in that case -- they could painstakingly compare your fingerprints to those found at a crime scene using slow, precious human labor resources.
There were serious practical limits on what could be done with citizen data held in government files. Yes, the government could use that data to put people in jail, but analysis and comparison was a labor intensive process that at least served as a naturally-existing limiting principle on government intrusion: Sure, the government could search your personally-identifying data to connect you with a crime, but, as a practical matter, it was so time-consuming to do so that they generally would not do so, not unless they had a strong suspicion you were actually a culprit.
They wouldn't just compare every fingerprint on file with every fingerprint found at unsolved crime scenes, after all.
Well, today, they can -- and do -- actually do that. So there is no longer any practical limitation on the government's ability to use your DNA to connect you with unknown DNA found at a crime. They can run everyone's DNA through the database with virtually no effort.
I exaggerate; there is some lab work needed to process the DNA and reduce it to a 13 allele "genetic fingerprint." Nevertheless, this can all be done fairly inexpensively, and running it through the database once reduced to a short code is very nearly cost-free.
But within the next ten years all of this will become entirely cost-free.
This is why I disagreed with the Supreme Court's reliance on an old precedent in claiming that the police can take a DNA sample from every single person arrested. Merely arrested, not convicted. They relied on a precedent established at the dawn of investigatory police science, that every arrestee's fingerprints may be collected and catalogued.
But way 'back then, there were natural limitations on the State's power to make use of such data which simply no longer exist. What would have been considered a silly hypothetical sci-fi objection back then -- "But what stops the state from merely searching these fingerprints against every fingerprint ever lifted at a crime scene?" -- is actual reality now.
We can't just treat precedent from the first half of the previous century as controlling, when obviously the world has changed a great deal since then.
Posted by: Ace at
01:06 PM
| Comments (237)
Post contains 644 words, total size 4 kb.
Posted by: toby928© makes jokes from the Phantom Zone at December 16, 2013 01:09 PM (evdj2)
Posted by: Barack Hussein Obama at December 16, 2013 01:09 PM (+H/11)
Posted by: wooga at December 16, 2013 01:09 PM (opN5B)
Posted by: Truck Monkey, Gruntled New Business Owner at December 16, 2013 01:10 PM (jucos)
Posted by: Flatbush Joe at December 16, 2013 01:11 PM (ZPrif)
I wonder if the same precedent could be used to clamp down on the Government getting hold of everybody's medical records as well.
I don't think all of those feminists are going to be too happy when they realize that Uncle Sugar now has the right to get all up in their lady business, now that he is the one paying for all of those services....
Posted by: Teresa in Fort Worth, TX (@Teresa_Koch) at December 16, 2013 01:11 PM (PZ6/M)
Posted by: Barack O'Stalin at December 16, 2013 01:11 PM (Pr6hk)
Posted by: tsrblke, PhD(c) (tablet) at December 16, 2013 01:11 PM (a8eFL)
Posted by: Vashta Nerada at December 16, 2013 01:11 PM (hiFDo)
Posted by: toby928© makes jokes from the Phantom Zone at December 16, 2013 01:12 PM (evdj2)
Posted by: wooga at December 16, 2013 01:12 PM (opN5B)
Posted by: Brother Cavil at December 16, 2013 01:12 PM (naUcP)
Posted by: Flatbush Joe at December 16, 2013 01:13 PM (ZPrif)
Posted by: JEM at December 16, 2013 01:13 PM (o+SC1)
1. They will not stop even if told by the courts to do so.
2. Somebody can help me out on the DNA thing, but if they have your DNA don't they have your parents and children partially too?
Posted by: Guy Mohawk at December 16, 2013 01:13 PM (MaP11)
Posted by: Barky McBamastain at December 16, 2013 01:13 PM (Pr6hk)
Posted by: polynikes at December 16, 2013 01:13 PM (m2CN7)
Posted by: pep at December 16, 2013 01:14 PM (6TB1Z)
Posted by: Nevergiveup at December 16, 2013 01:14 PM (t3UFN)
Posted by: wooga at December 16, 2013 01:14 PM (opN5B)
Posted by: Paid for by Citizens for Clyde the Orangutan at December 16, 2013 01:16 PM (QF8uk)
I foresee a coming war between Google bots and Amazon quads. Hie thee to thy basements, people.
Posted by: pep at December 16, 2013 01:16 PM (6TB1Z)
Even if the courts find this unConstitutional, who's going to listen? This regime? Please.
The genie is out of the bottle.
Posted by: Soona at December 16, 2013 01:17 PM (iuBG8)
Posted by: Lace Wigs [/i] at December 16, 2013 01:17 PM (La+CV)
Posted by: Dana Barrett at December 16, 2013 01:18 PM (RFeQD)
Posted by: Dr Spank at December 16, 2013 01:18 PM (xlX1p)
Posted by: NotCoach at December 16, 2013 01:19 PM (rsudF)
Posted by: Robert Reich at December 16, 2013 01:19 PM (64xVq)
Posted by: Flatbush Joe at December 16, 2013 01:20 PM (ZPrif)
Posted by: Ncj at December 16, 2013 01:21 PM (8sFfo)
When they can test our penumbras, we're screwed.
Posted by: Dr Spank at December 16, 2013 01:21 PM (xlX1p)
And follow the yellow brick road.
Posted by: Robert Reichkin at December 16, 2013 01:21 PM (6TB1Z)
I've no idea how to law this and it's a political trap in that sure as shit if we stop the NSA entirely some damn Tsjihadi will blow something up.
I'd really like to see the public vs. private enforced e.g. call records vs. content.
And some sense applied to the collection.
1. Keep the data at the collector e.g. the telcos and ISPs.
2. Query results only to NSA.
3. Queries reviewed by a separate court before running.
But Nooo, they keep vacuuming in everything, managing it with leaky 1/2 wits, and missing guys in plain sight who arrive with bright yellow FSB notes pinned to their jacket it with WARNING TSBOMBER .
Posted by: DaveA[/i][/b][/s] at December 16, 2013 01:21 PM (DL2i+)
Posted by: Truck Monkey, Gruntled New Business Owner at December 16, 2013 01:22 PM (jucos)
Posted by: JackStraw at December 16, 2013 01:22 PM (g1DWB)
Posted by: NotCoach at December 16, 2013 05:19 PM (rsudF)
-----------------------------------------------------
Fingerprinting, blood-typing, DNA. If it wasn't for those things OJ might have gotten away with murder. Oh.........wait.
Posted by: Soona at December 16, 2013 01:22 PM (iuBG8)
Posted by: Ribald Conservative riding Orca at December 16, 2013 01:23 PM (RFeQD)
Posted by: Marmo at December 16, 2013 01:23 PM (QW+AD)
Posted by: garrett at December 16, 2013 01:23 PM (64xVq)
Posted by: Charlie Gibson at December 16, 2013 01:23 PM (Pr6hk)
Posted by: Inspector Lookout of the Yard at December 16, 2013 01:24 PM (YQUIz)
And you think some GOP administration will? I think Not!
1984 is here to stay....baring an EMP.
Posted by: John C. Beale at December 16, 2013 01:24 PM (DPvCq)
Posted by: Truck Monkey, Gruntled New Business Owner at December 16, 2013 01:24 PM (jucos)
Kiss my aura . . . Dora . . .
M-M-M . . . it's real angora
Would y'all like some more-a?
Right here on the flora?
An' how 'bout you, Fauna?
Y'wanna?
-Frank Zappa
Posted by: pep at December 16, 2013 01:24 PM (6TB1Z)
Posted by: YourPoopyPants at December 16, 2013 01:24 PM (Y/HG5)
Posted by: Lace Wigs [/i] at December 16, 2013 01:25 PM (La+CV)
Not because they will actually do anything to stop abuses such as the NSAs (they won't, left to their own devices), but because the lefty progressives will suddenly remember how extremist these policies are, and demand they stop, and the media will provide a big microphone.
Sometimes you have to use your opponents strengths to your own advantage.
Posted by: Mayday at December 16, 2013 01:25 PM (eHc+1)
Posted by: David Koresh at December 16, 2013 01:25 PM (Pr6hk)
Posted by: ejo at December 16, 2013 01:25 PM (GXvSO)
Posted by: toby928© makes jokes from the Phantom Zone at December 16, 2013 01:27 PM (evdj2)
Posted by: Vince Foster at December 16, 2013 01:27 PM (Pr6hk)
True story.
Posted by: Ribald Conservative riding Orca at December 16, 2013 05:23 PM (RFeQD)
See? That's why I was acting like a tween girl. This time, at least.
Posted by: Barack Hussein Obama (High Crimes and Misdemeanors Spice) at December 16, 2013 01:28 PM (+H/11)
I just wrote something nasty on a solicitation from Reince Priebus and will send it back tomorrow. Included was a question as to whether they really wanted to take money from someone ridiculous (Boehner) or who held horrific views on immigration (Boehner). I really hope these people wake the hell up before it's too late. I am not optimistic.
Posted by: pep at December 16, 2013 01:28 PM (6TB1Z)
Sometimes you have to use your opponents strengths to your own advantage.
Posted by: Mayday at December 16, 2013 05:25 PM (eHc+1)
----
Word. Remember how agitated they were when we were listening to OVERSEAS calls from terrorists and looking at library cards????
Now.... everything is being hoovered up, wiretaps placed on journalists and journalist families, and the IRS is sicced on political opponents.... and the left goes oddly silent.
Posted by: fixerupper at December 16, 2013 01:28 PM (nELVU)
Posted by: Elizabeth Warren at December 16, 2013 01:29 PM (Pr6hk)
Court rulings don't matter if you don't follow them.
That's true, and law-breaking doesn't matter when you have a corrupt and ideological DOJ that will not prosecute the crimes of your administration.
Posted by: Marmo at December 16, 2013 01:29 PM (QW+AD)
Posted by: BHO, walking caricature at December 16, 2013 01:29 PM (6TB1Z)
Posted by: YourPoopyPants at December 16, 2013 05:24 PM (Y/HG5)
---------------------------------------------
This is exactly the same logic. The Constitution was written for all these "little things" as much as it was for the "big things".
There should have, at least, been some kind of judiciary intervention written into the fingerprint law. A right to appeal them being taken instead of giving cops carte blanche in collecting them.
So what do we have now. Police in TX that feel they have carte blanche in collecting DNA samples anytime and anywhere.
Posted by: Soona at December 16, 2013 01:30 PM (iuBG8)
Serious question: Why?
I'm not defending the actions of the NSA here, but we're talking about automated collection of the same info the phone company keeps. Which number called which other number, when, and for how long.
Of all the things to give a damn about, I don't see why this would be especially high on the list of concerns.
Posted by: Hollowpoint at December 16, 2013 01:32 PM (SY2Kh)
Posted by: Low Information Voter at December 16, 2013 01:33 PM (Pr6hk)
Posted by: SCOTUS at December 16, 2013 01:34 PM (eHIJJ)
Posted by: Soona at December 16, 2013 05:30 PM (iuBG
Come for the scenery, stay for the multiple anal probes by officers of the "law".
Posted by: Hidalgo County, New Mexico at December 16, 2013 01:34 PM (+H/11)
Posted by: Mitch McConnell at December 16, 2013 01:34 PM (Pr6hk)
Posted by: fixerupper at December 16, 2013 05:28 PM (nELVU)
_________________
Not only silent but with a nod showing tacit approval. Richard Nixon had articles of Impeachment drawn up on him for THINKING of using the IRS to go after political opponents. The difference between the parties is stark.
Posted by: Truck Monkey, Gruntled New Business Owner at December 16, 2013 01:34 PM (jucos)
Posted by: YourPoopyPants at December 16, 2013 05:24 PM (Y/HG5)
No because the Fourth amendment is clear just like the Second amendment is clear.
Posted by: polynikes at December 16, 2013 01:36 PM (m2CN7)
Except that the Fourth Amendment isn't particularly clear. Prohibition against "unreasonable" search and seizure necessarily leaves quite a bit of room for interpretation.
Posted by: Hollowpoint at December 16, 2013 01:39 PM (SY2Kh)
Posted by: phreshone at December 16, 2013 01:39 PM (Pr6hk)
Posted by: Romeo13 at December 16, 2013 01:40 PM (lZBBB)
Of all the things to give a damn about, I don't see why this would be especially high on the list of concerns.
Posted by: Hollowpoint at December 16, 2013 05:32 PM (SY2Kh)
I would refer to the same argument we use when people cry about their freedom of speech is being squashed. The same speech we allow private companies to limit would be a violation under the constitution for the government to limit. Phone companies keep our records as a matter of doing business. To allow the government to gather that individual information without a search warrant is unconstitutional and is a slippery slope, as much as I hate to use that term.
Posted by: polynikes at December 16, 2013 01:41 PM (m2CN7)
Reminds me of the movie The Island (2005). The clones were measured and corralled at every instant, any deviation detected by the minders.
Posted by: AnonymousDrivel at December 16, 2013 01:41 PM (eHIJJ)
kxkx.com/vote-for-the-2013-sedalia-person-of-the-year-poll/
Posted by: [/i]andycanuck[/b] at December 16, 2013 01:42 PM (YQUIz)
Posted by: Lace Wigs [/i] at December 16, 2013 01:42 PM (La+CV)
Posted by: Hollowpoint at December 16, 2013 05:39 PM (SY2Kh)
------------
Is it "reasonable" for ordinary citizens who are not suspects in a crime to be spied upon by their government 24/7 ??
All of them? At any time? For no discernible cause?
Posted by: grammie winger at December 16, 2013 01:42 PM (P6QsQ)
A good movie that doesn't get enough appreciation.
Posted by: toby928© makes jokes from the Phantom Zone at December 16, 2013 01:42 PM (evdj2)
I have no qualms whatsoever about applying that phrase to an entity that has a monopoly on the use of force, especially one that has shown itself to have no self-imposed limits on the application of that force to help itself by abusing the people it is here to serve.
Posted by: pep at December 16, 2013 01:43 PM (6TB1Z)
Posted by: Hollowpoint at December 16, 2013 05:39 PM (SY2Kh)
unreasonable is just as clear to me as infringed.
Posted by: polynikes at December 16, 2013 01:43 PM (m2CN7)
--
Which is why I've come to the conclusion that, all ideology aside, the country is better off with the GOP in office. There is NO accountability for the Dems anymore. There was some as recently as the Clinton era, but no longer. The accountability argument might work on some indies and LIV especially since there's really not much of a pro-GOP argument to make, and even if the Repubs actually voiced conservative principles the MSM would stifle them.
Posted by: Mayday at December 16, 2013 01:44 PM (eHc+1)
Posted by: steevy at December 16, 2013 01:44 PM (zqvg6)
Posted by: grammie winger at December 16, 2013 01:45 PM (P6QsQ)
Posted by: alexthechick - SMOD. Now with extra taunting. at December 16, 2013 01:45 PM (VtjlW)
Posted by: steevy at December 16, 2013 01:45 PM (zqvg6)
Posted by: Tip O'Neill at December 16, 2013 01:45 PM (NHO7i)
Posted by: JackStraw at December 16, 2013 01:46 PM (g1DWB)
The point of the collection for govt is for look back - so say they wanted to blame a terrorist attack in Libya on a film, why let's see what we got......
Its a way to control....the way black mail and extortion works.
Posted by: Guy Mohawk at December 16, 2013 01:47 PM (MaP11)
Posted by: lowandslow at December 16, 2013 01:48 PM (IV4od)
Posted by: grammie winger at December 16, 2013 01:48 PM (P6QsQ)
Posted by: Nevergiveup at December 16, 2013 01:48 PM (t3UFN)
Define "spied upon".
Is keeping a record of which phone numbers your phone dialed (without anyone listening in) "spying"?
What about a policeman standing on a corner? A policeman with a camera? A video camera on the same corner? A video camera with microphone?
There's a lot of bad SCOTUS decisions out there motivated by leftist activist judges who ignore the clear text and intent of the Constitution.
With the Fourth Amendment, search and seizure limits are very subjective. I'm not sure where the line should be drawn and doubt there will ever be any agreement about it.
Posted by: Hollowpoint at December 16, 2013 01:49 PM (SY2Kh)
Posted by: bonhomme[/i][/b][/i][/b] at December 16, 2013 01:49 PM (A0glY)
----------
By a political group? Yes.
Posted by: grammie winger at December 16, 2013 01:50 PM (P6QsQ)
Posted by: Mike Hammer at December 16, 2013 01:50 PM (aDwsi)
Posted by: steevy at December 16, 2013 05:45 PM (zqvg6)
_________________
I did not know that. Interesting. Now all of the alphabet agencies have been inundated with libs who will, I believe, never say no to another liberal. We are well and truly fucked.
Posted by: Truck Monkey, Gruntled New Business Owner at December 16, 2013 01:50 PM (jucos)
"Wedding cakes are a basic human right, bitchez."
Posted by: Stuff Madison Said, Large Print Edition at December 16, 2013 01:50 PM (8ZskC)
If you want these other areas kept private, there are two solutions: 1) amend the Constitution to include them, which would in fact expand the privacy rights, or 2) have Congress limit what NSA or other agencies can do/collect without a warrant by statute, which is well within their power.
The fact that technology has changed to make it easier to compare fingerprints or trace calling patterns has nothing to do with the 4th Amendment. You don't have an expectation of privacy for your fingerprints which you leave all over public places every day or for the records of your phone calls which are stored with your phone company.
Whether the government was looking for a single number called, as in Smith, or just farming metadata looking for patterns, the expectation of privacy is just not there. This decision will be overturned and the judge knows it. He's just setting himself up as a hero to the ill-informed.
Not saying the NSA actions are "good" or "necessary," just that they aren't covered by the 4th Amendment as the state of the law exists today and has existed for some time.
Posted by: Adjoran at December 16, 2013 01:52 PM (473jB)
Posted by: garrett at December 16, 2013 01:54 PM (64xVq)
I've got lots of room left in my penumbra, fella!
Posted by: The Constitution, America's Favorite Floozy at December 16, 2013 01:54 PM (8ZskC)
[Ace:] "We can't just treat precedent from the first half of the previous century as controlling, when obviously the world has changed a great deal since then."
I've never liked the idea of 'precedents' though.
Because it has allowed lawyers/judges to create new laws in the courtroom.
Our Constitution gives us our governing precedents...and it is supposed to only be changed by congressional action.
Posted by: wheatie at December 16, 2013 01:54 PM (5Nhsl)
Posted by: Hollowpoint at December 16, 2013 05:49 PM (SY2Kh)
Subjective only to you and to people who want more leeway in obtaining your private information which you expect to be private without getting a warrant. Its the same subjectiveness that gun control advocates try to place on the 2nd amendment and have succeeded in some fashion.
Posted by: polynikes at December 16, 2013 01:54 PM (m2CN7)
Say, that sounds kind of French.
Posted by: Cicero (@cicero) at December 16, 2013 01:55 PM (8ZskC)
Posted by: ginaswo singing Judas Priest at December 16, 2013 01:55 PM (Was8V)
Posted by: ginaswo thinks the 80s look much better now at December 16, 2013 01:57 PM (Was8V)
No, I don't.
Phones are pretty much considered a necessity- if every phone carrier included in the fine print a clause stating that they reserve the right to share your metadata with the government, what then?
You personally might decide not to use phones anymore, but for most people that's not really an option.
Posted by: Hollowpoint at December 16, 2013 01:57 PM (SY2Kh)
Posted by: Adjoran at December 16, 2013 05:52 PM (473jB)
You don't mind that the government has collected all those 976 numbers you called?
Posted by: polynikes at December 16, 2013 01:58 PM (m2CN7)
Posted by: Hollowpoint at December 16, 2013 05:57 PM (SY2Kh)
And when they do that, another phone company will say they don't do that and will get their customers.
Posted by: polynikes at December 16, 2013 02:00 PM (m2CN7)
Posted by: Mike Hammer at December 16, 2013 02:00 PM (aDwsi)
What right does the government have to those records, without a warrant?
Posted by: grammie winger at December 16, 2013 02:00 PM (P6QsQ)
Posted by: steevy at December 16, 2013 02:00 PM (zqvg6)
Posted by: ginaswo thinks maybe Lita Ford was right in the 00s to try to wait this out on a beach in Mexico at December 16, 2013 02:00 PM (Was8V)
You're seriously trying to argue that "unreasonable" doesn't imply a degree of subjectivity? The Second Amendment has no such qualifier.
Posted by: Hollowpoint at December 16, 2013 02:01 PM (SY2Kh)
Posted by: JackStraw at December 16, 2013 02:01 PM (g1DWB)
Posted by: Nevergiveup at December 16, 2013 02:02 PM (t3UFN)
Posted by: bonhomme at December 16, 2013 05:49 PM (A0glY)
----------------------------------------
No. This was a roadblock the police set up somewhere in the region of north Dallas that compelled people to pull into a parking lot where police and police technicians took every driver's DNA.
Posted by: Soona at December 16, 2013 02:02 PM (iuBG8)
Only with our permission.
Posted by: The FCC at December 16, 2013 02:02 PM (SY2Kh)
Posted by: Nevergiveup at December 16, 2013 02:03 PM (t3UFN)
Posted by: Hollowpoint at December 16, 2013 06:01 PM (SY2Kh)
You're trying to tell me that the Supreme Court has not applied an interpretation to 'infringe' in the Second amendment? .
Posted by: polynikes at December 16, 2013 02:03 PM (m2CN7)
Posted by: Soona at December 16, 2013 06:02 PM (iuBG
Off duty hired by a private firm.
Posted by: polynikes at December 16, 2013 02:05 PM (m2CN7)
Posted by: alexthechick - SMOD. Now with extra taunting. at December 16, 2013 02:05 PM (VtjlW)
Posted by: polynikes at December 16, 2013 06:05 PM (m2CN7)
but presenting themselves as on duty.
Posted by: polynikes at December 16, 2013 02:05 PM (m2CN7)
You've set up a straw man.
When was the last time you read every word of your phone carrier Terms of Service?
Does this contract prohibit them from sharing such information?
Posted by: The FCC at December 16, 2013 02:05 PM (SY2Kh)
No, that could never happen. Not in America.
snort
Posted by: grammie winger at December 16, 2013 02:06 PM (P6QsQ)
Posted by: BCochran1981 - Credible Hulk at December 16, 2013 02:07 PM (GEICT)
Posted by: jwpaine @PirateBallerina at December 16, 2013 02:07 PM (2oU2+)
Posted by: Foghorn Leghorn at December 16, 2013 02:07 PM (YDkG9)
Posted by: Lace Wigs [/i] at December 16, 2013 02:07 PM (La+CV)
Posted by: Mike Hammer at December 16, 2013 02:08 PM (aDwsi)
Posted by: polynikes at December 16, 2013 06:05 PM (m2CN7)
------------------------------------------
Thank you. That almost goes without saying.
Posted by: Soona at December 16, 2013 02:10 PM (iuBG8)
I've been thinking about the erosion of our personal spheres, and have pretty much concluded that it's an irreversible trend. We will all be assimilated, sooner or later.
Posted by: pep at December 16, 2013 02:10 PM (6TB1Z)
Posted by: Seattle Chris at December 16, 2013 02:11 PM (BCz1s)
Posted by: HoboJerky, now with 56% more DOOM! at December 16, 2013 02:11 PM (qIeI4)
Posted by: alexthechick - SMOD. Now with extra taunting. at December 16, 2013 02:11 PM (VtjlW)
Posted by: BCochran1981 - Credible Hulk at December 16, 2013 02:11 PM (GEICT)
My bottom line is do some freaking real investigations that target real suspects and get your warrants. All this metadata crap does is result in no one paying attention to the critical factors because they somehow think a supercomputer will spit out a nice double spaced paper telling them exactly what they need to do.
Posted by: polynikes at December 16, 2013 02:11 PM (m2CN7)
Posted by: Some Actor at December 16, 2013 02:11 PM (YDkG9)
Posted by: HoboJerky, now with 56% more DOOM! at December 16, 2013 02:12 PM (qIeI4)
There is a dreadful movie out, called...'Compliance'.
Anyone else seen it?
It is about a prank caller to a fast food restaurant, impersonating a police officer.
He gets the manager to falsely imprison a young female employee...simply by accusing her of stealing money from a customer.
The young female employee is forced to strip, and submit to invasive cavity searches...basically rape...just because this caller insists on it.
It's sobering.
And it is based on the fact that this has already happened about 70 times around the country.
Posted by: wheatie at December 16, 2013 02:12 PM (5Nhsl)
Posted by: Mike Hammer at December 16, 2013 02:12 PM (aDwsi)
Watch what you say. Watch what you do. Watch what you think. It's all being tabulated by NSA and double checked by the IRS.
The trend goes downward till you hit Cuba-levels of distrust among even family and friends.
Posted by: grammie winger at December 16, 2013 02:13 PM (P6QsQ)
Posted by: Some Actor at December 16, 2013 02:13 PM (YDkG9)
Posted by: Mike Hammer at December 16, 2013 02:13 PM (aDwsi)
Posted by: The White House at December 16, 2013 02:14 PM (FcR7P)
Posted by: Mike Hammer at December 16, 2013 02:14 PM (aDwsi)
Posted by: Nevergiveup at December 16, 2013 02:15 PM (t3UFN)
Posted by: Soona at December 16, 2013 02:15 PM (iuBG8)
I'm not sure what position I'm advocating, because I honestly don't know where the "unreasonable" limit should be.
In this example, your phone company collects your "metadata". You don't have the ability to opt out of it short of refusing to use their service.
I understand that people who accept this practice by a private company might not want the government to also have free access to that information. However, how personal and private is that information?
Posted by: Hollowpoint at December 16, 2013 02:16 PM (SY2Kh)
Posted by: Randy Newman [/i] at December 16, 2013 02:16 PM (La+CV)
Posted by: Ribald Conservative riding Orca at December 16, 2013 02:16 PM (RFeQD)
Posted by: OG Celtic-American at December 16, 2013 02:16 PM (vHRtU)
Posted by: Barky McFucklepants at December 16, 2013 02:16 PM (Cs2tJ)
Posted by: BCochran1981 - Credible Hulk at December 16, 2013 02:17 PM (GEICT)
Posted by: Mike Hammer at December 16, 2013 02:18 PM (aDwsi)
Posted by: alexthechick - SMOD. Now with extra taunting. at December 16, 2013 02:18 PM (VtjlW)
Posted by: Nevergiveup at December 16, 2013 02:18 PM (t3UFN)
The city said, "Oops. Our bad." That's pretty much it. No fines, suspensions, firings, or arrests.
I'm kinda hoping those who were pulled over file suit. I don't think anyone has yet.
Posted by: AnonymousDrivel at December 16, 2013 02:19 PM (eHIJJ)
Posted by: grammie winger at December 16, 2013 02:19 PM (P6QsQ)
"Unreasonable" is subjective. "Shall not be infringed" is not.
Posted by: Hollowpoint at December 16, 2013 02:19 PM (SY2Kh)
Posted by: BCochran1981 - Credible Hulk at December 16, 2013 02:19 PM (GEICT)
Posted by: OG Celtic-American at December 16, 2013 02:20 PM (vHRtU)
Posted by: alexthechick - SMOD. Now with extra taunting. at December 16, 2013 02:20 PM (VtjlW)
Posted by: Mike Hammer at December 16, 2013 02:20 PM (aDwsi)
Posted by: alexthechick - SMOD. Now with extra taunting. at December 16, 2013 02:21 PM (VtjlW)
Posted by: Nevergiveup
Random stops to check for BAC?
Posted by: CharlieBrown'sDildo at December 16, 2013 02:21 PM (QFxY5)
Posted by: Seamus Muldoon at December 16, 2013 02:22 PM (N/Sup)
Posted by: grammie winger at December 16, 2013 06:13 PM (P6QsQ)
-------------------------------------------------
It's there now. I discuss nothing political (which is most everything now) with people I don't trust. Unless it's somehere like AoSHQ. But we all know Trudy is reading intently what we comment here. Stand up, Trudy. Take a bow.
Posted by: Soona at December 16, 2013 02:22 PM (iuBG8)
Posted by: Mike Hammer at December 16, 2013 02:22 PM (aDwsi)
Posted by: Misanthropic Humanitarian at December 16, 2013 02:22 PM (HVff2)
I don't care if I am wishing Aunt Millie 'Happy Birthday', it is one else's business.
Do you understand 'privacy'?
And does that still hold if your Aunt Millie happens to be in Pakistan for 'religious study'?
Posted by: Hollowpoint at December 16, 2013 02:22 PM (SY2Kh)
Posted by: Ribald Conservative riding Orca at December 16, 2013 02:23 PM (RFeQD)
Posted by: BCochran1981 - Credible Hulk at December 16, 2013 02:23 PM (GEICT)
Posted by: JackStraw at December 16, 2013 02:23 PM (g1DWB)
Posted by: Nevergiveup at December 16, 2013 02:23 PM (t3UFN)
Posted by: alexthechick - SMOD. Now with extra taunting. at December 16, 2013 06:21 PM (VtjlW)
That time of the month?
Posted by: CharlieBrown'sDildo at December 16, 2013 02:23 PM (QFxY5)
Posted by: BCochran1981 - Credible Hulk at December 16, 2013 02:24 PM (GEICT)
Posted by: bonhomme[/i][/b][/i][/b] at December 16, 2013 02:24 PM (A0glY)
My definition of unreasonble is the collection of information that you have an expectation of privacy. That expectation is what is subjective and defined based on what a reasonable person and society deem so. Not the government.
Posted by: polynikes at December 16, 2013 02:24 PM (m2CN7)
Posted by: Mike Hammer at December 16, 2013 02:25 PM (aDwsi)
Posted by: Nevergiveup at December 16, 2013 06:23 PM (t3UFN)
How about driving to and from duty?
You chose to be constrained by the rules that the Navy has.
I do not choose to be constrained by behavior that violates my constitutional rights. When the cops pull me over without probable cause, my rights are being violated.
Posted by: CharlieBrown'sDildo at December 16, 2013 02:25 PM (QFxY5)
Posted by: Randy Newman [/i] at December 16, 2013 02:25 PM (La+CV)
Posted by: alexthechick - SMOD. Now with extra taunting. at December 16, 2013 02:26 PM (VtjlW)
Posted by: Nevergiveup at December 16, 2013 02:26 PM (t3UFN)
Posted by: bonhomme[/i][/b][/i][/b] at December 16, 2013 02:27 PM (A0glY)
Posted by: Misanthropic Humanitarian at December 16, 2013 02:27 PM (HVff2)
Are you really that scared of pipe bomb terrorists that you're willing to shred our civil liberties?
More people have slipped and died in their bathroom than from terrorism Post-9/11.
This is about controlling people, not national security. Just like gun control is not really about preventing crime.
Posted by: McAdams at December 16, 2013 02:27 PM (2TMCu)
Posted by: Nevergiveup at December 16, 2013 02:28 PM (t3UFN)
Posted by: alexthechick - SMOD. Now with extra taunting. at December 16, 2013 02:28 PM (VtjlW)
The point of the information gathering is to control the main populace, not prevent foreign terrorists.
Posted by: Guy Mohawk at December 16, 2013 02:28 PM (MaP11)
And then there's the recent case of a drunk man accused of spitting and being belligerent (neither of which happened) having his head bashed into a cinder wall while he was handcuffed and sitting against a detention center wall. Cops said they were being assaulted (via spittle) by drunk man. Video showed it didn't happen.
Or, not too long ago, a disturbed but rather benign man being shot by cops at a distance with cops saying he assaulted them with a knife. Also didn't happen. Video showed man reasonably compliant and well away from officers. They reported that he lunged at them. Never happened.
Exceptions? Possibly. But I'm more and more troubled by our "Protect and Serve" actors. They are committing crimes and covering each others' backs after committing crimes. More than the past? I dunno, but it's being more noticed in the age of video.
Posted by: AnonymousDrivel at December 16, 2013 02:28 PM (eHIJJ)
Is it really 'snooping' if a log of which numbers you dialed sits in an NSA computer, with no human eyes ever seeing the information?
Is it no longer snooping if they get a rubber stamped subpoena to get the info from your phone company without your knowledge?
Posted by: Hollowpoint at December 16, 2013 02:29 PM (SY2Kh)
I have no idea why this high school humor makes me laugh, but it does.
Posted by: CharlieBrown'sDildo at December 16, 2013 02:29 PM (QFxY5)
Posted by: Nevergiveup at December 16, 2013 02:30 PM (t3UFN)
Posted by: Nevergiveup at December 16, 2013 06:28 PM (t3UFN)
If they stopped acting like jackbooted thugs, then maybe I would.
Posted by: CharlieBrown'sDildo at December 16, 2013 02:30 PM (QFxY5)
Posted by: BCochran1981 - Credible Hulk at December 16, 2013 02:30 PM (GEICT)
Posted by: Nevergiveup at December 16, 2013 06:30 PM (t3UFN)
Or maybe my wife is correct: I'm just simple.
Posted by: CharlieBrown'sDildo at December 16, 2013 02:30 PM (QFxY5)
In what way has your behavior been controlled?
Posted by: Hollowpoint at December 16, 2013 02:31 PM (SY2Kh)
Posted by: BCochran1981 - Credible Hulk at December 16, 2013 02:31 PM (GEICT)
Posted by: bonhomme[/i][/b][/i][/b] at December 16, 2013 02:32 PM (A0glY)
What if you're a sociopathic mass murderer? Is it Ok to enslave you then?
Posted by: bonhomme at December 16, 2013 06:27 PM (A0glY)
---------------------------------------------
What about the sociopathic mass murderer who lives in Pakistan who really really loves Aunt Millie here in the USA an swears he'll never set off any terrorist attacks in her city? What if Aunt Millie sends him a Christmas fruitcake?
Posted by: Soona at December 16, 2013 02:33 PM (iuBG8)
Posted by: BCochran1981 - Credible Hulk at December 16, 2013 02:33 PM (GEICT)
Posted by: JackStraw at December 16, 2013 02:33 PM (g1DWB)
Oh, they could go further- much further. Listening in, for instance.
Posted by: Hollowpoint at December 16, 2013 02:33 PM (SY2Kh)
Posted by: Misanthropic Humanitarian at December 16, 2013 02:34 PM (HVff2)
Posted by: Mike Hammer at December 16, 2013 02:34 PM (aDwsi)
If not, what are your exact GPS coordinates right this moment, since you seem to think that's public information.
I would say that crosses the line.
Posted by: Hollowpoint at December 16, 2013 02:35 PM (SY2Kh)
Posted by: Barky McFucklepants at December 16, 2013 02:35 PM (Cs2tJ)
Posted by: Mike Hammer at December 16, 2013 02:36 PM (aDwsi)
Posted by: Seamus Muldoon at December 16, 2013 02:36 PM (N/Sup)
Posted by: YourPoopyPants at December 16, 2013 02:37 PM (bOKSd)
Posted by: ed gibbon at December 16, 2013 02:37 PM (4eNxd)
Posted by: Misanthropic Humanitarian at December 16, 2013 02:38 PM (HVff2)
In what way has your behavior been controlled?
Posted by: Hollowpoint at December 16, 2013 06:31 PM (SY2Kh)
To take from one of your examples. What if a citizen businessman calls Pakistan quite often for business purposes only. He buys that cheap crap for Pier One. If the purpose of the metadata collection is to find patterns and then investigate, isn't this innocent citizen in danger of becoming a target and possibly having his life affected if some other flags which also happen to be innocent are raised? The FBI and other agencies have never made errors like that right?
Posted by: polynikes at December 16, 2013 02:38 PM (m2CN7)
Interesting but it doesn't matter. The government can't use the "The end justifies the means" defence.
Posted by: Max Entropy at December 16, 2013 02:38 PM (QKYRm)
Posted by: Hollowpoint
Yes
The 4th Amendment prohibits unreasonable search and seizures. I think attempting to catalog EVERY single phone call from every single American is "unreasonable" to catch a handful of individuals.
Especially since it doesn't even work anyway. What good did it do for say the Boston Bombers?
A terrorist cell is going to be smart enough to use things like disposable cell phones. If an anonymous person pays cash for a $9 disposable phone, what good does it do to keep all of these records? It looks like to me it's more about controlling and watching people that follow the rules than stopping terrorists.
Posted by: McAdams at December 16, 2013 02:40 PM (2TMCu)
Posted by: bonhomme[/i][/b][/i][/b] at December 16, 2013 02:41 PM (A0glY)
Posted by: polynikes at December 16, 2013 06:38 PM (m2CN7)
I should clarify that I have no problem monitoring overseas calls from suspected parties but always have a problem when a citizen is involved without a warrant.
Posted by: polynikes at December 16, 2013 02:45 PM (m2CN7)
The lawsuit we're discussing is about numbers being called, when and for how long.
I'm not sure what exactly they've been collecting. Some of the leaks haven't been very credible.
Posted by: Hollowpoint at December 16, 2013 03:15 PM (X9Mnx)
Posted by: HoboJerky, now with 56% more DOOM! at December 16, 2013 03:42 PM (qIeI4)
Posted by: The Farmer at December 16, 2013 04:30 PM (eBupg)
"Just Metadata".
If you're on a cell-phone, it's not only time and number called, it's location.
So, you're in Seattle and make a call on your "Hands-Free" DOT approved cell in your car.
You pull onto I-5 and head south while you talk. As you travel between cells, that data, your LOCATION is recorded, with a time-stamp. As you enter Tacoma, your LOCATION and time-stamp. is recorded.
They know your location, route, speed, and 'who the fuck' you're talking to!
You are being tracked by the Federal(Feral) Government.
But YOU are okay with this?
WTF is wrong with you?
Posted by: ChrisP at December 16, 2013 04:55 PM (BpTC0)
And the first Leftard (Piers "Musket" Morgan, I'm looking at you) who tries to use that argument to argue that the Second doesn't mean anything because of tech advances, I'd remind them that the Browning 1911 semi auto is over a century old, and fully automatic firearms are reaching the century mark. Information tech has changed FAR more rapidly than firearms tech.
Posted by: SDN at December 16, 2013 07:25 PM (4RsUF)
Hide Comments | Add Comment | Refresh | Top
64 queries taking 0.3492 seconds, 365 records returned.
Powered by Minx 1.1.6c-pink.








Posted by: rickb223 at December 16, 2013 01:09 PM (FNtJ6)