The NSA watches you poop.

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You're the one who replied to me, dude.

And ethics and law are not the same thing, but morality is the driver for what becomes law and what gets repealed. Ethics matter.
Kay. Then my apologies for lumping you with the likes of Tad. I'm not really sure what you mean by ethics and morals, cause you know, that shit differs by the person. If you want to explain to me a step by step guide on how to nail down ethics or morals and analyze what's going on through that lens, I'm all ears, cause right now those words have no meaning.

I want the government to have to get a 'super warrant' as the eff put it to wiretap INDIVIDUALS BY NAME and then serve that warrant to Google, Facebook, etc who give the data to law enforcement like the good 'ol days instead of the NSA installing hardware at AT&T and examining literally every single packet going through internet backbones and installing backdoors that defeat the encryption used for every single user for all the big tech companies and storing the data they collect in massive data centers.
So I take it you're speaking of prism and not just the NSA metadata collection. Prism targets non-U.S. citizens outside the United States, and as such no warrant is needed. Even the leaks and the Guardian confirm that that's the original intent of the program. But the reason people raise a stink is the possibility of the program incidentally collecting information on U.S. citizens -- such data are supposed to be purged when discovered. Sometimes, they are not. That's a fair criticism, but even conceding that, the correct response is to rehabilitate the program to make sure that U.S. citizens' data is not collected, and if collected incidentally, promptly purged. Even among the senators who are trying to reign in Prism, chiefly Wyden and Udall, they have both affirmed that they think PRISM is a legitimate tool to fight terrorists. They don't want to shut it down; they just want to fix it to make sure Americans' information isn't collected.

The constitution protects Americans; it does not protect a Saudi citizen living in Afghanistan. Your supper warrant wouldn't serve any purpose because it's trying to protect the rights of individuals who have none under the U.S. constitution. Do you want Obama to apply for a search warrant before storming a terrorist compound in Yemen ?

The NSA isn't just collecting metadata. Read The Guardian.
Answered. And does this mean that you concede that metadata can be collected without a warrant ?

Yes, they are moving forward BECAUSE of the Snowden leaks. You're not reading what you are replying to or you are trolling.
Ok, that's fair.

'Everyone' doing something doesn't make it right. Furthermore, the government has more restrictions than private entities. The Bill of Rights are a list of things the GOVERNMENT cannot do. Private entities can fire employees for saying things the government cannot jail you for saying.
I think you're misunderstanding what I'm saying here. I'm not saying it's ok because everyone is doing it -- I'm saying everyone is doing it, so therefore I have no real privacy. If I don't use Google, I have to use Bing, or Yahoo, or (god forbid) MSN. If I don't use Sprint, I have to use Verizon, AT&T, etc. I'm really confused. You admit that the government has more restrictions on it, and more checks against their abuses, yet despite this fact you trust the companies, who have no checks against their power, over the government. The government has to deal with citizens complaints, congressional oversight, judicial oversight, and the fucking constitution. What holds the companies in check ? I mean, if I was a terrorist, what stops me from starting up a shell company, purchase a "user data information package" from Verizon, and using that information to gleam the areas with most civilian foot traffic so I know where best to plant my bomb ?

Hell I'm not even concerned for myself, personally. I'm concerned for the next MLK, the next Harvey Milk, the next Aaron Swartz, government watchdog journalists, etc. You're deluded if you think the government doesn't go after people who attack the status quo, or want to make examples of people, or just employs some asshole prosecutor that wants to make a name for himself. Nixon was uniquely stupid enough to record what he did; you think his kind of shit stopped with him?
If the next Harvey Milk was being persecuted, we would know about it and he would have access to the legal system. I referred you to a case previously about an American citizen captured as an enemy combatant in a war zone during the wild west days of the war on terrorism under Bush -- and even he was able to vindicate his constitutional rights through the SCOTUS and win. I won't say things are perfect now, but I doubt that you will argue that access to the judiciary is worse now than in the years immediately after 9/11.

The government isn't 'protecting my ass from terrorists'-- they are CREATING the terrorists through their terrible foreign policies. Nor do they need these surveillance dragnets to catch them. Regardless, here is a risk assessment for you:
Terrorists have been wanting to kill us since, forever. We're creating them ? Ok sure, I don't care to argue politics. But even if the government creates them doesn't change the fact that the government is still trying to protect us. If you won't even admit that the safety of American citizens is a concern for the government, then you're a fool.

Even putting safety and civil liberties aside, these programs aren't even worth the dollars wasted on them.
This argument is absolute bullshit and I can't believe you would even try making it.

First, the balancing test isn't between your chance of dying from a terrorist attack and your chance of dying from any other threat of death. Obviously, I have a much higher chance of death driving to pick up my dry cleaners than I do being blown up by a jihadist. But that isn't the fucking balancing test you must make. The balance is the threat of a terrorist attack -- both in casualties and economic damages -- weighed against the civil liberties you are asked to surrender; you know, the metadata scoop, prism, and all the shit we've been talking about. Now, I get that privacy is important and all -- but how much privacy will you be willing to give up to save an American life ? Don't blather on about how "those who give up freedoms for security deserve neither" or any related bullshit. We give up plenty of freedoms to be secure (WHAT ?! I can't drink and drive ?! YOU STOLED MY FREEDOMSSS!!!!) So the question is, is this additional surrender of freedom worth it to save American lives ?

Secondly, aside from the human casualties, calculate for me the economic damages created by 9/11. Death from a freak lightning bolt is still death, but it doesn't rustle jimmies as much as death from a suicide bomber while you sip your chai at Starbucks.

Oh I'm wrong am I? Since you didn't read the link, I'll paste the relevant quote:
Yea, you're wrong. I read that fucking link -- it doesn't say that the indiscriminate metadata scooping revealed by Snowden was ever shared by the NSA. You realize that the NSA has other ways to collect evidence than just what Snowden disclosed, right ? They also collect evidence through normal warrant sanctioned wiretaps. If they share other intelligence collected legally and not from the intelligence detailed in the Snowden leaks, where is the fucking problem ?

Obviously, you assume the worst and think that 1) because the NSA does warrantless collection of phone metadata, and 2) because the NSA shares intelligence with other agencies, then naturally, 3) that HAS to mean that the phone metadata is being shared. Logic fail much ?

Reuters knew that once they disclosed the SOD, people -- like you -- would immediately confuse it with the recent disclosures made by Snowden, so they wrotethis articleto explain the difference. The intelligence disclosed by Snowden and the program under SOD are separate entities and Reuters makes no claims that they are linked. Disregard it if you want, but considering how Reuters was the news agency that first broke news about the SOD in the first place, I'd assume you would give them some credibility over the rights-zealots that are just simply parroting the Reuters article in the first place.


SOD: The SOD forwards tips gleaned from NSA intercepts, wiretaps by foreign governments, court-approved domestic wiretaps and a database called DICE to federal agents and local law enforcement officers.The DICE database is different from the NSA phone-records database. DICE consists of about 1 billion records, and is primarily a compilation of phone log data that is legally gathered by the DEA through subpoenas or search warrants.
Carefully read that quote. Notice how it does not say that the NSA phone-records database was shared by the NSA. In fact,others have reportedthat the NSA has been warding off constant pressure from other federal agencies wanting unfettered access to the NSA surveillance apparatus. This suggests that, despite your assumptions, the NSA is much more careful with your data than you give them credit for.

Additionally,per this Washington Post article:

The report makes no explicit connection between the DEA and the earlier NSA bulk phone surveillance uncovered by former Booz Allen Hamilton contractor Edward Snowden.In other words, we don't know for sure if the DEA's Special Operations Division is getting its tips from the same database that's been the subject of multiple congressional hearings in recent months. We just know that a special outfit within DEA sometimes gets tips from the NSA.
You are free to assume that the NSA's phone metadata records are being shared with the DEA and whoever else. But if you do, those assumptions are only backed by your imagination, and not by facts or any news reported by the news agencies.

The point I made was that you said (I'm paraphrasing) 'these programs are only used to catch terrorists' in one sentence, then in the very next sentence you said 'the real problem is the hiding where evidence came from', apparently being unaware that the recent news about the intelligence origin laundering is from the DEA hiding the fact they got it from the NSA.
I said there has been no proof that the intelligence gathered by the programs disclosed by Snowden's leaks, namely the mass gathering of metadata, has been used for any other purpose than to go after terrorists -- and that remains true. That doesn't mean the NSA can't share information, for example, that the government of Saudi Arabia gave them to the DEA, CIA, or FBI. I don't care if the DEA gets information from the NSA. I expect the agencies to share intelligence that they have legally acquired, especially if it was a tip from a foreign government or information on American citizens obtained with a warrant. I would be concerned if the NSA shared the phone records metadata, but no one, other than the misinformed, have made that claim.
 
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The issue is that people like Soysauce (and maybe you?) argue that we shouldn't have an expectation of privacy online. Yet the only real violations of that are the NSA (real or imagined)(private companies are quite different, as many of us have mentioned) abuses. So are you really arguing that these searches shouldn't require warrants based on us now having no expectation of privacy because the NSA can read them?

It seems like you are arguing that if we discovered tomorrow that the NSA had bugged every person's bathroom, it is constitutional, based on how we shouldn't have any expectation of privacy in the bathroom since the NSA is spying on us there!
This is where the case-law that you criticize comes in handy. The caselaw already establishes that you have a reasonable expectation to privacy in all areas your home including the restroom and all corresponding curtilage areas, such as your garage. This also expands to other private areas, such as in hotels and even in public restrooms. These are bright-line rules that have no room for alternative interpretations. If the government wants to search these areas, they have to either 1) get a search warrant, or 2) get your consent.
 

khalid

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If the government wants to search these areas, they have to either 1) get a search warrant, or 2) get your consent.
Yet you don't think an expectation of privacy exists over the internet. Yet it is quite clear that we DO actually have an expectation of privacy in regards to this, regardless of what case law says in the matter. Especially as email (and things like it, like messenging services) becomes more and more ubiquitous. It used to be that if you wanted to do a meeting, you would set up a meeting in a private room. You would have an expectation of privacy there. Yet somehow you feel that if I have a voice chat, that I shouldn't have an expectation of privacy in that regard?

Of course, you will come back with "well, they are just recording it all and putting it in a box, they aren't actually using it.". Would you be comfortable if the NSA was allowed to record all conversations in your bedroom and store it, as long as they don't actually use it until they get a warrant for it? I sure as hell wouldn't.

edit: Of course this also shows a problem with trying to determine everything through case law. It rarely is that useful and is often misapplied (imo) when used on new technology. The telegraph isn't the mail service, which isn't the phone system, which also isn't the internet. Yet in the privacy cases I have seen discussed, case law for one of the others is used to rule on the new one.
 

fanaskin

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They are using the nsa data domestic spying on criminal non terror related cases. so it's worse than just "the info is in a box untouched'
 

iannis

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I don't even understand the "the info is in a box untouched" argument. Not really. The entire point of putting information in a box is so that you can touch it anytime you need to.

If you charge a black kid with intent to distribute when you find him with two crack rocks in a little baggie labeled "do not sell" it would seem that basic (very basic) intellectual integrity would demand you charge the NSA with "intent to touch" when they steal all your megahurtz and put them in a box labeled "do not touch".

It's so absurd that it's not even a double standard. It's just a bald lie. They're not even bothering to wink with that one.
 

fanaskin

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205-217 should show everyone that this is something even most of congress wasn't even really aware of.
 

fanaskin

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<script src="http://player.bimvid.com/v2/vps/xetv/90eca83194462aad2303cd8f6fe51f52cdba2379/ref=aHR0cDovL3d3dy5zYW5kaWVnbzYuY29tL3N0b3J5L2NpYS 1kaXJlY3Rvci1icmVubmFuLWNvbmZpcm1lZC1hcy1yZXBvcnRl ci1taWNoYWVsLWhhc3RpbmdzLW5leHQtdGFyZ2V0LTIwMTMwOD Ey"></script>
 

fanaskin

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no it's a chore to link this video so you gotta click on it yourself

CIA DIRECTOR BRENNAN CONFIRMED AS REPORTER MICHAEL HASTINGS NEXT TARGET

This week Elise Jordan, wife of famed journalist Michael Hastings, who recently died under suspicious circumstances, corroborated this reporter's sources that CIA Director, John Brennan was Hastings next expos? project (CNN clip).


Last month a source provided San Diego 6 News with an alarming email hacked from super secret CIA contractor Stratfor's President Fred Burton. The email (link here) was posted on WikiLeaks and alleged that then Obama counter-terrorism Czar Brennan, was in charge of the government's continued crackdown or witch-hunt on investigative journalists.
 
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Yet you don't think an expectation of privacy exists over the internet. Yet it is quite clear that we DO actually have an expectation of privacy in regards to this, regardless of what case law says in the matter. Especially as email (and things like it, like messenging services) becomes more and more ubiquitous. It used to be that if you wanted to do a meeting, you would set up a meeting in a private room. You would have an expectation of privacy there. Yet somehow you feel that if I have a voice chat, that I shouldn't have an expectation of privacy in that regard?

Of course, you will come back with "well, they are just recording it all and putting it in a box, they aren't actually using it.". Would you be comfortable if the NSA was allowed to record all conversations in your bedroom and store it, as long as they don't actually use it until they get a warrant for it? I sure as hell wouldn't.

edit: Of course this also shows a problem with trying to determine everything through case law. It rarely is that useful and is often misapplied (imo) when used on new technology. The telegraph isn't the mail service, which isn't the phone system, which also isn't the internet. Yet in the privacy cases I have seen discussed, case law for one of the others is used to rule on the new one.
It's not an expectation of privacy -- it's a reasonable expectation of privacy. I believe that you expect that the privacy should be there, but what you expect, according to the courts, isn't reasonable.

Taking the example of the phone pen-registers, every time you dial a number on your phone, you have to communicate to the phone company the number you're dialing, because the phone company needs that information to connect your call. So you don't have a reasonable expectation of privacy to the information stating that you called mom at 10:00 pm. The fact that you asked mom for some more home-made meatloaf, discovering that requires a warrant.

Your example of the bedroom conversation isn't quite directly applicable because you're not communicating the fact that you are talking in your room to anyone else. By typing in a URL, or email address, you have to communicate that data to another party for that website to be fetched or for that email to be sent. The content of that email, however, is still protected by your expectation of privacy. So for your bedroom conversation, if you recorded the conversation and uploaded it online, you don't have a reasonable expectation to privacy on the fact that the conversation existed. But if they want the meat of that conversation, then the warrant is required.

Metadata scoops have been used before, its just that because of the advances in technology, the scale is much larger. Someone linked a David Simon article a while back in which he talks about how the Baltimore cops were allowed to snoop on several payphones in the city -- in the 1980s -- and record the phone numbers of thousands of calls used on these public payphones. The content of your call remains private, the fact that you made the call isn't.
 
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I don't even understand the "the info is in a box untouched" argument. Not really. The entire point of putting information in a box is so that you can touch it anytime you need to.

If you charge a black kid with intent to distribute when you find him with two crack rocks in a little baggie labeled "do not sell" it would seem that basic (very basic) intellectual integrity would demand you charge the NSA with "intent to touch" when they steal all your megahurtz and put them in a box labeled "do not touch".

It's so absurd that it's not even a double standard. It's just a bald lie. They're not even bothering to wink with that one.
The point of sticking it in a box is so you can touch it later once you get permission (a warrant).
 

fanaskin

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except the warrants are blanket warrants not individual ones, and operators have 2 weeks to justify their intercept AFTER they already looked at the data, including using data found to build the case to justify the action.

ontop of all this the warrants are issued by a secret court that literally you have a higher chance of getting hit by lightning than that court rejecting a case (somebody did the math it's true)

and even if you have lightning strike and the court says you can't use the data, there is a secondary secret appelet court the government to go to to bypass the primary secret court.

in other words there is no warrant protection it's a rubber stamp illusion.
 

khalid

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Metadata scoops have been used before, its just that because of the advances in technology, the scale is much larger. Someone linked a David Simon article a while back in which he talks about how the Baltimore cops were allowed to snoop on several payphones in the city -- in the 1980s -- and record the phone numbers of thousands of calls used on these public payphones. The content of your call remains private, the fact that you made the call isn't.
And this is the problem right there. Just because smaller scoops of metadata were allowed, doesn't mean that complete 100% scoops of metadata should be allowed. I mean, listen to what you just posted, "allowed to snoop on several payphones in the city" should mean absolutely fuckall when compared to "every phonecall made anywhere by anyone".
 

fanaskin

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yeah and comparing public payphones to private email is kinda sketchy in of itself.
 
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And this is the problem right there. Just because smaller scoops of metadata were allowed, doesn't mean that complete 100% scoops of metadata should be allowed. I mean, listen to what you just posted, "allowed to snoop on several payphones in the city" should mean absolutely fuckall when compared to "every phonecall made anywhere by anyone".
So you're ok with a couple of thousand phone records being recorded, but just not a couple hundred million ? Where is the number you find acceptable ? Why is scale in itself a problem ? If it violates the 4th in regards to one person, then it should stop there. Or are we advancing some kind of "microscopic violation" theory where it isn't a real violation until we violate the rights of, not 1 person, but millions of peoples' rights. Or, maybe it's just not a violation.
 

fanaskin

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Now that is straight up bullshit. Congress knows damn well what is going on.
not all of them no, The people sitting on the intelligence committees (like feinstein and bachman) and people in their cliques do, but there's been many public displays where congressman are denied access to the information.
 

fanaskin

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Members of Congress denied access to basic information about NSA
Documents provided by two House members demonstrate how they are blocked from exercising any oversight over domestic surveillance


Members of Congress have been repeatedly thwarted when attempting to learn basic information about the National Security Agency (NSA) and the secret FISA court which authorizes its activities, documents provided by two House members demonstrate.
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Morgan Griffith's requests for NSA information - read the letters
Letters from Democratic congressman Morgan Griffith shows how requests to review documents and information were ignored

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Alan Grayson's requests for NSA information - read the correspondence
Emails show how Democratic congressman Alan Grayson repeatedly asked to meet John C Inglis, the deputy director of the NSA, but was continually rebuffed

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Grayson and Griffith are not the only policymakers to encounter difficulty when requesting Prism-related information. On 31 July, Democratic Senator Richard Blumenthal, who represents Connecticut, told MSNBC that he was almost wholly unaware of the scale of the Prism programme when information about it was first leaked to the press:

"The revelations about the magnitude, the scope and scale of these surveillances, the metadata and the invasive actions surveillance of social media websites were indeed revelations to me."
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Congressman Justin Amash, who recently floated an amendment to the US Defence Appropriations Bill to increase regulation over the NSA, has also been denied access to Prism information.

"I, as a member of Congress, can't get access to the court opinions," he told CNN. "I have to beg for access, and I'm denied it if I make that request."
 

fanaskin

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Michelle bachmans response should show you exactly the mentality Of the people sitting on the intelligence committees, as a tea party person she is the last person who should be saying this stuff is ok. They've been doing this stuff for over a decade now and put their names on documents approving this stuff, they have a very vested interest in the public not perceiving their actions as criminal in any manner for obvious reasons.