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-   -   PRISM (http://cellar.org/showthread.php?t=29101)

Undertoad 06-26-2013 09:03 AM

If you anally* rape a 13-year-old, move to France and all will be forgiven because humiliating the US is game #1. And letting anal rapists hang out in your country is not at all humiliating.




*Wikipedia doesn't say so but yeah he got her in the butt. Everyone down with that?

ETA Wikipedia says so elsewhere.

glatt 06-26-2013 09:10 AM

Not too long ago, a bunch of Hollywood folks were openly sympathetic about him, making him seem like a victim of an unjust US. I forget when I saw that. Some awards ceremony.

Clodfobble 06-26-2013 09:21 AM

It was statutory rape, no doubt. But there are many who believed his side of the story, that it was consensual. The plea deal he agreed to involved no prison time, which was specifically approved and supported by the defense lawyers and the victim. Then the judge and the prosecutor attempted to give him jail time anyway after he'd already pleaded guilty, which is when he fled.

Griff 06-26-2013 09:28 AM

"Sulky Cultivator in the Woods" just saw that... :)

glatt 06-26-2013 09:31 AM

Yep. But fleeing is a crime itself. The guy needs to face the music or continue being a fugitive. It's unclear what would happen to him if he returned to the US. He might not even get jail time. Or they could throw the book at him.

Undertoad 06-26-2013 09:32 AM

It's game #1.

Quote:

Originally Posted by Tisdale
Like too many American politicians, Kerry seems to believe "the law" is what the White House counsel and U.S. Justice Department deem it to be on any given day, and that this made-in-America "law" applies inexorably to every country and every corner of the world.

See, Tisdale writes that as if he didn't know that the countries signed extradition treaties. Snowden may merely head for a country that doesn't have an extradition treaty with the US and be legally in the clear. Tisdale knows that but prefers to play game #1 with you, the reader. It's all in fun... unless you're the 13-year-old.

Quote:

The White House is furious at the non-cooperation it has received. But has it occurred to them that maybe not just the Russians and the Chinese, but those soft, liberal Europeans and all the other neutrals also don't like the idea of being spied on by an out-of-control transnational agency beyond the reach of the law, any law, anywhere?
Physician, heal thyself: we are learning that the British version of PRISM is bigger than PRISM. But exposing that doesn't play game #1.

Lamplighter 06-26-2013 09:48 AM

Polanski was born in Paris, and so is/was a citizen of France.

The following is also in Wikipedia about Polanski...

Quote:

On 11 March 1977, Polanski, then 43 years old, was arrested in Los Angeles
for the sexual assault of 13-year-old Samantha Geimer during
a photo shoot for French Vogue magazine.
Polanski was indicted on six counts of criminal behavior, including rape

Geimer's attorney next arranged a plea bargain in which five of the
six charges would be dismissed and Polanski accepted.[102]

Because Polanski fled the country before final sentencing,
the charges were not dismissed and still remain pending.

As a result of the plea bargain, Polanski pled guilty to the charge
of "Unlawful Sexual Intercourse with a minor,"[103][104]
and was ordered to undergo 90 days of psychiatric evaluation at Chino State Prison.[105]

On release from prison after 42 days, Polanski understood that
at the final sentencing he would be put on probation.
However, he learned that the judge was planning to renege on his promise
of no further jail time,[106] and might even deport him.[104][107]

Polanski's attorney suggested that despite the fact that the prosecuting attorneys
recommended probation, "the judge could no longer be trusted . . ."
and the judge's representations were "worthless."[108][/color]

Upon learning of the judge's plans, Polanski fled to France on
1 February 1978, just hours before sentencing.[109]
As a French citizen, he has been protected from extradition.
and has lived mostly in France since then.[110]

This sounds to me a bit like "humiliating the US is game #1" is in the eye of the beholder.

Undertoad 06-26-2013 09:49 AM

Quote:

Originally Posted by Clodfobble (Post 868797)
But there are many who believed his side of the story, that it was consensual.

13-year-olds love Quaaludes and anal so I'm not surprised she was super into it. No actually 13-year-olds can't consent to anything, that's why the charge is statutory.

Quote:

The plea deal he agreed to involved no prison time, which was specifically approved and supported by the defense lawyers and the victim. Then the judge and the prosecutor attempted to give him jail time anyway after he'd already pleaded guilty, which is when he fled.
If documented, that would be super easy to address on appeal.

Undertoad 06-26-2013 09:56 AM

Quote:

Polanski was born in Paris, and so is/was a citizen of France.
"...and that's why it was perfectly OK for him to get away with the statutory anal rape of a 13-year-old."

Quote:

However, he learned that the judge was planning to renege on his promise of no further jail time, and might even deport him.
"I'm leaving this country -- before it kicks me out!"

Lamplighter 06-26-2013 10:31 AM

No UT, his attorneys were advising him that...

Quote:

...the judge was planning to renege on his promise of no further jail time...
...at least according to this page in Wikipedia.

Undertoad 06-26-2013 10:39 AM

"...and might even deport him," says the page that you quoted. Regardless, that would be super easy to address on appeal, if documented.

Lamplighter 06-26-2013 11:10 AM

-30-

Clodfobble 06-26-2013 11:50 AM

Quote:

Originally Posted by Undertoads
13-year-olds love Quaaludes and anal so I'm not surprised she was super into it. No actually 13-year-olds can't consent to anything, that's why the charge is statutory.

As the stepmother of a 15-year-old girl, I completely agree with you. I was just expounding on why several prominent people in Hollywood still support him, as glatt noted. He's an asshole, no doubt, but not a serial violent rapist. His own victim didn't want him to go to prison.

I agree that harboring a political fugitive like Snowden is largely about thumbing their nose the US, and trying to pretend that their own problems aren't at least as big if not bigger. Just like if Ai Weiwei ever got on US soil, we would not be giving him back to China either.

Undertoad 06-26-2013 11:52 AM

Yes, I might add that it's completely unfair for me to bring Polanski into it; because all I have to say is he gave her ludes and hit her in the pail, and I stake some kind of weird moral high ground that I'm not exactly entitled to.

Lamplighter 06-30-2013 03:17 PM

And the beat goes on...this time it's "DROPMIRE"

The Guardian
Ewen MacAskill
6/30/13

New NSA leaks show how US is bugging its European allies

Exclusive: Edward Snowden papers reveal 38 targets including EU, France and Italy
Quote:

<snip>
One of the bugging methods mentioned is codenamed 'Dropmire',
which according to a 2007 document is "implanted on the Cryptofax at the EU embassy, DC"
– an apparent reference to a bug placed in a commercially
available encrypted fax machine used at the mission.
The NSA documents notes the machine is used to send cables back
to foreign affairs ministries in European capitals.<snip>

The German magazine Der Spiegel reported at the weekend that
some of the bugging operations in Brussels targeting the EU's Justus Lipsius building
– a venue for summit and ministerial meetings in the Belgian capital –
were directed from within Nato headquarters nearby.<snip>

The US intelligence service codename for the bugging operation
targeting the EU mission at the United Nations is 'Perdido'.
The operation against the French mission to the UN had the covername 'Blackfoot'
and the one against its embassy in Washington was 'Wabash'.
The Italian embassy in Washington was known to the NSA as both 'Bruneau' and 'Hemlock'.
The eavesdropping of the Greek UN mission was known as 'Powell"
and the operation against its embassy was referred to as 'Klondyke'.

Although the latest documents are part of an NSA haul leaked by Snowden,
it is not clear in each case whether the surveillance was being exclusively done by the NSA
– which is most probable as the embassies and missions are technically overseas –
or by the FBI or the CIA, or a combination of them.
The 2010 document describes the operation as "close access domestic collection".

BigV 07-01-2013 11:36 AM

Quote:

Originally Posted by Clodfobble (Post 868818)
As the stepmother of a 15-year-old girl, I completely agree with you.--snip

off topic

I had forgotten about this aspect of your life. Teenagers are a trial and an ordeal unmatched in parenting. Doing it as a stepparent doubles the degree of difficulty. From one veteran of the teen wars to another, stay strong sister, stay strong.

piercehawkeye45 07-01-2013 11:56 AM

You have to be wary of Putin's intentions but this is interesting:

Quote:

"Russia never hands over anybody anywhere and has no intention to do so," Mr Putin told a news conference in Moscow.

"If he (Snowden) wants to remain here there is one condition - he should stop his work aimed at inflicting damage on our American partners no matter how strange this may sound coming from me."

This is the clearest indication yet, says the BBC's Steve Rosenberg in Moscow, that Mr Putin is keen to avoid damaging relations with Washington over the Snowden case.

The Russian president also stressed Mr Snowden "is not our agent and does not co-operate with us", and Russian secret services "never worked with him and are not working with him now".
http://www.bbc.co.uk/news/world-us-canada-23135734

BigV 07-01-2013 01:30 PM

And I should trust Putin's public remarks, take them at face value because....??? Please refresh my memory, because I can't recall any reason to do so.

regular.joe 07-01-2013 01:55 PM

politics aside, does anyone disagree that the security of our free nation depends upon certain things? Sometimes we have to collect information to determine if people in and outside of the US would be our enemies and attempt to do something like..say...bomb a federal building, or fly a plane into a New York sky scraper. These folks exist, and are planning daily to do harm to the United States. If we stick our collective heads in the sand then we will end up asking questions like...HOW COULD WE NOT HAVE KNOWN?!?!?!? Seriously? Foreign nations who collect on us, and whom we collect on will take the public stance of how wrong this is are just trying to get one up on the good ole US. We all know what we do. We try not to poke each other in the eye in public. These guys who disclose secret information to the general public through leaks are traitors to their nation and harm us in many, many ways. They also signed non-disclosure statements to qualify for access to the information they have leaked, and for that reason alone they should be jailed.

Clodfobble 07-01-2013 07:35 PM

Quote:

Originally Posted by BigV
And I should trust Putin's public remarks, take them at face value because....??? Please refresh my memory, because I can't recall any reason to do so.

You should also not trust him with any of your jewelry.

Griff 07-02-2013 06:29 AM

Joe the disagreement lies with the determination of when the security state becomes counter-productive to its own claimed goals. The leakers are traitors to the state but they are not traitors to the people.

Lamplighter 07-02-2013 09:56 AM

Quote:

<snip>These guys who disclose secret information to the general public
through leaks are traitors to their nation and harm us in many, many ways.

They also signed non-disclosure statements to qualify for access to the information they have leaked,
and for that reason alone they should be jailed.
I have trouble with each of these statements,
primarily because I don't think there is a bright red line
between being " a traitor " a " whistleblower " and " civil disobediance "

When leaks occur about government activities, the first reaction
of the government is to publicly label the person a "spy" or "traitor"
and the government usually seeks some kind of criminal charge(s).
This is what is happening with Snowden now.
Only time will tell if harm was done, and if the government charges are valid.

....

Then with respect to signing non-disclosure charges, again I don't think there's a bright red line.

The case of Thomas Drake, starting in the 2002, is a prime example
of someone signing all sorts of non-disclosure documents
and advancing through promotions up through the CIA and NSA.
He followed all the proscribed legal procedures to correct issues.
He then publicly disclosed problems he had identified as "illegal",
and was then indicted by the government, as I described above.

Basically, the conflict in non-disclosure agreements is "informed consent"
A person cannot consent to something (secrets) they do not yet know
If consent is a pre-condition and only after consenting they can learn the secret,
their non-disclosure agreement may well become the lesser issue.

BigV 07-02-2013 11:47 AM

similar to prefacing a conversation with:

"I'll tell you, but you have to promise not to get mad."

Really. Regardless of the answer to that question, it can't be an example of informed consent. Setting aside the whole difference between a conscious action like repeating information and experiencing a feeling, such an agreement is like prior restraint.

Quote:

Prior restraint (also referred to as prior censorship or pre-publication censorship) is censorship imposed, usually by a government, on expression before the expression actually takes place. An alternative to prior restraint is to allow the expression to take place and to take appropriate action afterward, if the expression is found to violate the law, regulations, or other rules.

Prior restraint prevents the censored material from being heard or distributed at all; other measures provide sanctions only after the offending material has been communicated, such as suits for slander or libel. In some countries (e.g., United States, Argentina) prior restraint by the government is forbidden, subject to certain exceptions, by a constitution.

Prior restraint can be effected in a number of ways. For example, the exhibition of works of art or a movie may require a license from a government authority (sometimes referred to a classification board or censorship board) before it can be published, and the failure or refusal to grant a license is a form of censorship as is the revoking of a license. It can also take the form of a legal injunction or government order prohibiting the publication of a specific document or subject. Sometimes, a government or other party becomes aware of a forthcoming publication on a particular subject and seeks to prevent it: to halt ongoing publication and prevent its resumption. These injunctions are considered prior restraint because potential future publications are stopped in advance.
...

Exceptions to restrictions on prior restraint

Not all restrictions on free speech are a breach of the prior restraint doctrine. It is widely accepted that publication of information affecting national security, particularly in wartime, may be restricted, even when there are laws that protect freedom of expression. In many cases invocation of national security is controversial, with opponents of suppression arguing that government errors and embarrassment are being covered up;
Certainly there's a question as to whether or not the material that has been revealed constitutes a harm to our national security or an embarrassment to our government, or both and to what degree. That's a conversation worth having. Our whole system of government has as one of its cornerstones openness in contrast to secrecy.

Lamplighter 07-02-2013 02:15 PM

V, we are probably using different terms to speak of different ideas.

"Prior restraint", as you say, is what the authority/owner is attempting to impose
by having the power to impose a non-disclosure clause or agreement.

"Informed consent" is what the person needs for a good-faith and
continued binding to any contract or (non-disclosure) agreement.

When a person discovers or encounters something they were not informed about,
their "informed consent" may be tainted, and thereby also is their continued obligation to a signed document.

Analogies are not good arguments, but having said that I still
think about something like this: Imagine military personnel are required
to sign non-disclosure agreements regarding all battlefield activities,
and then something like the My Lai Massacre in Viet Nam occurs.

Can the government impose prior restraint on everything, anything,
if the continuity of a person's conscience is (or knowledge) is broken ?

Sure, force/punishment can be used to make the person weigh the alternatives.
But in the long run we see thru civil disobedience that it often backfires.

BigV 07-02-2013 02:51 PM

People give UNinformed consent all the time.

eta: We all give incompletely informed consent, all the time. There are vanishingly few circumstances where our consent is required and where we know all the information. But often, we can know enough.

I think in a case like what we're seeing and hearing about Snowden, I don't know what agreement he'd signed, I imagine he probably violated the letter of such an agreement. I don't have the actual evidence, so I don't know, just speculating here. I also don't know what he's revealed, but what I've read indicates that he's revealed the existence of programs and behavior, but none of the content. Perhaps he's gone as far as confirming what some parties suspected. I don't know if that's a crime, and I'm not even sure what he's done is wrong or important. If it is as serious as some folks are saying, then I would seriously question the organizations and policies that led to such a "damaging" act. How rigorously are these people who have access to such sensitive material vetted? I know we're in a time where more and more and more and more information is redacted or withdrawn or on a need to know basis--this movement troubles me.

I do agree with regular.joe that there *IS* a legitimate need for state secrets. But it is not a need without limits or oversight. All things done in secret I believe inevitably leads to corruption and failure. I'd like to reach other limits before my state faces corruption or failure.

Lamplighter 07-02-2013 03:45 PM

Quote:

I do agree with regular.joe that there *IS* a legitimate need for state secrets.
Me too. And I agree there are limits, both in the direction of secrecy and in transparency.

FWIW, Thomas Drake made an hour-long public presentation
to the Press Club which is available on YouTube (3Wp2BGLMqDM).
There's a lot fluff in the first 25 min, but then he gets to the meat
of his own case and what he was observing in/after 2002
- illegal "warrant-less wire taps" on large numbers of people.
- "legal - but secret" collection of data on large numbers of people
- unnecessary "over-classification" and secrecy "at the highest level"
- wasteful expenditures of huge sums of $, for little or no gain

I think that his presentation and the Q&A following raised exactly
the issues we are seeing, now in detail, with Snowden.

Drake's case put an end to the illegal warrant-less wire taps,
and he was exonerated on the "legal- but secret" programs
that wasted billions of $.
Eventually, the government case against him was dropped.

My point is/has been, that a good-faith, informed, Agreement is necessary in on the part of both parties.

sexobon 07-03-2013 01:04 AM

Quote:

Originally Posted by regular.joe (Post 869173)
... They also signed non-disclosure statements to qualify for access to the information they have leaked, and for that reason alone they should be jailed.

Quote:

Originally Posted by Lamplighter (Post 869222)
Basically, the conflict in non-disclosure agreements is "informed consent" A person cannot consent to something (secrets) they do not yet know If consent is a pre-condition and only after consenting they can learn the secret, their non-disclosure agreement may well become the lesser issue.

Divulging classified information has always been illegal; but, the government has always had difficulty in successfully prosecuting such cases. That's because the standard in criminal cases is "beyond a reasonable doubt" which can be created if a violator uncovered illegal activity, official misconduct, wasn't clear on what was classified and what wasn't, feared reprisal as an internal whistleblower; or, had a crystalizing moment in which the violator became a conscientious objector to something subsequently learned.

So the government went the corporate route back around '86-'87 and started having everyone with a security clearance sign nondisclosure agreements; otherwise, lose their security clearances and most likely their jobs ... including military personnel who would be immediately processed for separation. I signed mine.

The nondisclosure agreements in themselves did not make divulging classified information illegal, there were already laws on the books for that. The agreements reminded people that it was illegal and more importantly provided for forfeiture to the government of any tangible gains a violator may realize from the breach of security. The government can sue violators just as corporations can sue individuals who violate nondisclosure agreements protecting proprietary information. These are civil cases in which the burden of proof is simply "a preponderance of the evidence" that they broke the law.

Shades of O.J.

Snowden could have stayed for trial in the court of public opinion and sought a Presidential pardon; but no, he ran like a traitor. Even if he never sees a day in jail here, the government can try to seize his assets anywhere they may be and every chance it gets for the rest of his life.

tw 07-03-2013 09:37 AM

We know Snowden has forced a discussion of a part of the US government that even Congressman cannot audit. We spend more on these 'secret' budget items than other countries spend on their entire military. And we know this 'secret' government is taking liberties that threatens foundations of a democracy.

Whether Snowden is a scoundrel or a hero has yet to be determined. Because we still do not know how 'out of control' this part of our government is. And because we have not yet defined what is legal and illegal. Years from now, when that decision is made, only then can we define Snowden's actions.

Calling him a rat because he ran is a cheapshot that ignores what is more important.

We know George Jr had a memo on his desk warning of bin Laden's actions involving planes or buildings. We had sufficient intelligence. "All lights were flashing red." Instead of blaming the problem, we gave the 'secret' government unrestricted access. We are now living with that legacy based in the Cheney's paranoia.

We must decide how excessive this 'secret' government has become. Limits currently are not defined. Boundary lines only exist on paper. We are discussing this only because of Snowden's actions. Snowden really is not the story. The story is about excessive government actions and the legacies of Mission Accomplished.

Pentagon papers were not about Ellsberg. They were also about a government that had become wacko extremist so as to not think or act rationally. In that case, we massacred 50,000 Americans to no useful purpose. Snowden is about a spy system without limits that has not yet caused wars and unnecessary deaths. WikiLeaks were saying same.

Undertoad 07-03-2013 10:13 AM

Quote:

We spend more on these 'secret' budget items than other countries spend on their entire military.
On the other hand, this is the type of war we wage where we don't kill [a lot of] people.

Quote:

We know George Jr had a memo on his desk warning of bin Laden's actions involving planes or buildings.
Planes or buildings. Well there are a shit ton of planes and a shit ton of buildings, so that sounds like something we should DEFINITELY get more specific information on, otherwise there's nothing that can really be done! Amiright? So how do you get more specific information without spying?

I'm not saying there isn't excessive spying going on, just asking a few difficult questions.

piercehawkeye45 07-03-2013 10:27 AM

Quote:

Originally Posted by tw (Post 869320)
Whether Snowden is a scoundrel or a hero has yet to be determined. Because we still do not know how 'out of control' this part of our government is. And because we have not yet defined what is legal and illegal. Years from now, when that decision is made, only then can we define Snowden's actions.

Snowden says he will release more information in the future so that will give better insight about his intentions.

I can understand how Snowden believes that PRISM is wrong and unconstitutional, however, I am confused why he is releasing evidence that the US spies on its European allies. This is not illegal or unconstitutional and won't do much besides deteriorate our relationship with them. Also, countries spying on each other is pretty common practice (not that this necessarily justifies it). We have had a lot of issues with the French and Israelis.

ZenGum 07-03-2013 08:31 PM

http://www.nytimes.com/2013/07/04/us...nail-mail.html

Quote:

Mr. Pickering was targeted by a longtime surveillance system called mail covers, a forerunner of a vastly more expansive effort, the Mail Isolation Control and Tracking program, in which Postal Service computers photograph the exterior of every piece of paper mail that is processed in the United States — about 160 billion pieces last year. It is not known how long the government saves the images.
It's not just your email and phone meta data. The old system of "mail covers" (where the USPS would record the metadata for snail mail of specific addresses upon the individual request of law agencies) has been expanded to automatic collection of all snail mail metadata.

Happy 4th of July, guys. Enjoy your independence and freedom. :right:

Lamplighter 07-03-2013 09:33 PM

My question was supposed to be rhetorical.

Quote:

Originally Posted by Lamplighter (Post 867524)
<snip>
My hypothetical would be to change only the timing in his example.
Instead of urgency, the terrorists use the postal services of each country.

So now, would that justify a government database of the addresses
and return addresses on every piece of mail handled by the post office ?
Who knows, maybe such already exists. :eek:
<snip>


tw 07-03-2013 11:01 PM

Quote:

Originally Posted by Undertoad (Post 869322)
So how do you get more specific information without spying?

We know that terrorist attacks were routinely averted without spying; that may 'violate civil rights' and other nation's integrity and interests. An LAX bomber was caught by an alert Border Agent while to cross from British Columbia to Washington. Because the leader in Washington was told lights were flashing red. And therefore ordered all government agencies to be vigilant. The resulting capture then may averted a potential Time Square bombing, a bombing in Canada was averted, an attack on the Raddison in Aman Jordan was averted, and an attack on tourists in Egypt was averted.

Not averted was the bombing of the USS The Sullivans. But those terrorists overloaded their boat with explosives causing that boat to sink.

Because they completely ignored warnings - the same flashing red lights - then George Jr's administration did nothing to avert 11 September. Then used it as an excuse for unlimited spying, extraordinary rendition, secret prisons, holding over 600 innocent people in Guantanamo, Abu Ghraib, Mission Accomplished, and even performing torture (as if acting like a Nazi Gestapo agent was acceptable).

We have numerous despicable and illegal actions to undo or discover. Many were ongoing because they were kept secret (as WikiLeaks demonstrated) or because their actions involve new technologies not yet defined by laws (in a Congress with many who say they want America to fail).

The Eagle and the Snowman was because the US government intentionally tried to subvert presidential elections in Australia. Because the powers that be knew a socialist must be a communist. Many leaks occurred because government actions were contemptuous. Ie Viet Nam resulted in the Pentagon Papers. Watergate and all other Nixon activities were finally exposed by people doing what would otherwise be called illegal.

Nobody can yet honestly say whether Snowden is a traitor or a hero. Too many facts are unknown; and maybe for years.

But we do know that major attacks are easily averted with less intelligence gathering and more intelligence in the leadership. Most failures to avert such attacks are found in leadership; not in insufficient spying.

We have examples of attacks averted because the leadership was intelligent. And other attacks permitted because the leadership was inspired by rhetoric rather than their job.

We must still publicly decide the limits of electronic spying. That (and not Snowden) should be an entire discussion that so many are still trying to avoid.

sexobon 07-04-2013 04:56 PM

Quote:

Originally Posted by tw (Post 869346)
We know that terrorist attacks were routinely averted without spying; that may 'violate civil rights' and other nation's [nations'] integrity and interests. ...

We also know that terrorists are adaptive and smart enough to exploit any limitations we impose upon ourselves. So are drug cartels, human trafficking organizations, global MBAs ... etc. [I threw MBAs in there just for you.]

Quote:

Originally Posted by tw (Post 869346)
... Nobody can yet honestly say whether Snowden is a traitor or a hero. Too many facts are unknown; and maybe for years. ...

Maybe not for years. Maybe we could find out in months by putting him on trial and letting the discovery process work. Heroes welcome that process, traitors shun it. If he's found to be a hero, he'll be exonerated. If he's found to be a traitor; but, later proved to be a hero, he can be pardoned. If we had to wait until all of the possibilities played out before even beginning the process, every petty thief claiming to be a Robin Hood would be walking free.

Quote:

Originally Posted by tw (Post 869346)
... But we do know that major attacks are easily averted with less intelligence gathering and more intelligence in the leadership. Most failures to avert such attacks are found in leadership; not in insufficient spying. ...

We know that our top general leadership, which also appoints subordinate specializing leaders, is derived from a popularity contest, not an intelligence contest. Increased spying is a compensating mechanism used by people capable of adjusting to this fact as oppose to people who can't and just complain about it. The cognoscenti know the mechanism works, just not as well as having more intelligent leaders. Adults can accept not being privy to how and when it has worked in the interest of continued success, others just poo poo the whole idea because they're not privy.

Quote:

Originally Posted by tw (Post 869346)
... We must still publicly decide the limits of electronic spying. That (and not Snowden) should be an entire discussion that so many are still trying to avoid. ...

They should both be an entire discussion. The limits of electronic spying needs to be discussed for all the reasons given in this thread. Snowden et al. needs to be discussed to protect altruistic citizens from their own government. Adults can handle both conversations:

On the issue of leaking classified information - We have specialized courts for everything from contesting traffic violations to immigrant sanctuary status. Even the hard-nosed US military can take someone who has refused to fight, find them to be a conscientious objector and simply separate them from service. Perhaps we need specialized courts for those claiming whistleblower status. Courts that can not only adjudicate; but, recommend directly to the President whether or not a pardon is warranted even if the law was broken. This would help maintain confidence in the integrity of our security methods for those whose lives depend directly upon them (e.g. military personnel) and the population at large which can pressure the President to act on the court's recommendations.

The alternative would be going back to compartmentalized information if the government decides the compromise of shared information is potentially more dangerous to national security than the limitations of compartmentalization in preventing terrorist attacks. This would also make it once again more difficult for those with altruistic motives to uncover government abuse of power.

On the issue of government monitoring - After a reasonable time period following recent events, the government should poll the American people via the US Census taking apparatus using a questionnaire covering "hypothetical" monitoring methods. The questions would cover monitoring methods previously used, currently used, others currently available, and viable wish list methods for which the technology may not yet even exist without disclosing which category each falls into. Next to each method would be three pair of Yes/No check boxes. One each for: 1) Do you object to the government using this method on you? 2) Do you object to the government using this method on people in other countries? 3) Would you want our enemies to know if we did this (public disclosure)? The results of the poll could be made public since it contains hypothetical capabilities and the world already knows the US government doesn't always fall in line with the majority of Americans. People can vote for elected officials who endorse it.

Less criticism and I told you so(s) and more constructive criticism with proposed solutions is what we need. A) A Whistleblower Court that can take defendants into protective custody least intrusive on their civil liberties until final disposition of their cases. B) Three criteria polling on government's potential monitoring methods administered via the US Census taking apparatus. That's my :2cents:. What's yours?

tw 07-05-2013 08:41 AM

Unfortunately WE don't have sufficient facts to even guess where the boundaries should be. But we do know the boundaries do not exist when intelligence services take all information. And then say, we will not look at it unless the super secret court says we can.

The telco companies and others, including Google and Microsoft, want to tell a US public what they have been forced to surrender. We cannot even know that. Without even that information, then we have few if any facts to define the boundaries. The 'secret' government is hiding behind its skirts to even keep such facts from most Senators and Congressmen. And was even denying the Supreme Court access to such information - on a theory that it is National Security.

Even the President does not know unless he asks the right questions. This is, in part, a legacy of Cheney who subverted intelligence so egregiously that the intelligence community became even more secretive and less forecoming. Even a cover up of torture and extraordinary rendition became normal operations.

BTW, a November voting booth (not the Census) is where public plebiscites are best enacted. Unfortunately, some (ie California's Propositions) get subverted by a legacy of their original purpose. But we have a bigger problem. Insufficient information. And a system that will make excuses to keep us ill informed. Because even secret prisons and torture made that secrecy necessary and routine.

Lamplighter 07-05-2013 08:46 AM

Quote:

But we have a bigger problem. Insufficient information
:D Now TW, you're just trying to be ironic again.

Undertoad 07-05-2013 10:43 AM

Quote:

Because the leader in Washington was told lights were flashing red.
How was this determined?

ZenGum 07-05-2013 06:59 PM

:lol: at lamplighter

Quote:

The 'secret' government is hiding behind its skirts to even keep such facts from most Senators and Congressmen.
I can't find the link, but there were stories about a few days back, that there had been a special briefing for congress on the NSA matters. However, it was just at the end of a congressional sitting session, and more than half of your duly elected representatives chose to skip the presentation rather than miss their scheduled flights back home.

I mean, not like it was important or anything.

ZenGum 07-06-2013 11:57 PM

Okay, I'll admit that when I started this thread, I was not clear about what was going on and what was properly controversial and what was not.

This article from the New York Times captures what I think is most worrying. It is the failure of the oversight mechanisms (esp FISA) that are supposed to keep bodies like the NSA in check.

http://www.nytimes.com/2013/07/07/us...rs-of-nsa.html

Quote:

The 11-member Foreign Intelligence Surveillance Court, known as the FISA court, was once mostly focused on approving case-by-case wiretapping orders. But since major changes in legislation and greater judicial oversight of intelligence operations were instituted six years ago, it has quietly become almost a parallel Supreme Court, serving as the ultimate arbiter on surveillance issues and delivering opinions that will most likely shape intelligence practices for years to come, the officials said.

SNIP

Unlike the Supreme Court, the FISA court hears from only one side in the case — the government — and its findings are almost never made public. A Court of Review is empaneled to hear appeals, but that is known to have happened only a handful of times in the court’s history, and no case has ever been taken to the Supreme Court. In fact, it is not clear in all circumstances whether Internet and phone companies that are turning over the reams of data even have the right to appear before the FISA court.

sexobon 07-07-2013 03:21 AM

Sing it Julian Assange
 
Just whistle while you work (whistling)
Just whistleblow while you work (downloading)
And cheerfully together we can tidy up the place
And covertly together we can empty out the place
So hum a merry tune (humming)
So tell a secret or two (uploading)
It won't take long when there's a song to help you set the pace
It won't take long to right their wrong and help you save the day

And as you sweep the room
And as you leave the room
Imagine that the broom is someone that you love
Imagine that the gloom is someone else's doom
And soon you'll find you're dancing to the tune
But soon you'll find you're singing another tune
When hearts are high the time will fly so whistle while you work...
When treason is high the reasons won't fly so whistleblow while you work...

xoxoxoBruce 07-07-2013 11:28 AM

Quote:

Because the leader in Washington was told lights were flashing red.
Quote:

Originally Posted by Undertoad (Post 869421)
How was this determined?

Stop asking rational questions. :p:

Lamplighter 07-07-2013 06:39 PM

HIGH TREASON
by José Emilio Pacheco
translation of “Alta traición” and comments by Dave Bonta

Quote:

I don’t love my country. Her abstract glory eludes me.


But (this may sound bad) I would give my life


for ten of her places, for certain people,


ports, pine forests, fortresses,

for a ruined city, gray and monstrous,


for several of her historical figures,


for mountains — and three or four rivers.


Lamplighter 07-10-2013 11:38 AM

1 Attachment(s)
Quote:

Originally Posted by ZenGum (Post 869341)
http://www.nytimes.com/2013/07/04/us...nail-mail.html<snip>
It's not just your email and phone meta data.
<snip>:right:

I continue to be astounded by the vast array of resources being used in NSA surveillance programs.
It's as if someone said, Let's tap every possible way that people can communicate with one another.

To wit:

Attachment 44667


Washington Post
7/10/13

The NSA slide you haven’t seen
Quote:

A classified NSA slide obtained by The Washington Post and
published here for the first time lists “Two Types of Collection.”

One is PRISM, the NSA program that collects information from technology companies,
which was first revealed in reports by the Post and Britain’s Guardian newspaper last month.

The slide also shows a separate category labeled “Upstream,” described as
accessing “communications on fiber cables and infrastructure as data flows past.”

The interaction between Upstream and PRISM
— which could be considered “downstream” collection because the data is already processed by tech companies —
is not entirely clear from the slide.
In addition, its description of PRISM as “collection directly from the servers”
of technology giants such as Google, Microsoft and Facebook has been disputed
by many of the companies involved. (They say access to user data is legal and limited).
<snip>

The slide also shows a crude map of the undersea cable network that
carries data from either side of North America and onto the rest of the world.
As a story in Sunday’s Post made clear, these undersea cables are essential
to worldwide data flows – and to the surveillance capabilities of the U.S. government and its allies.

The Post version lists Fairview, Stormbrew, Blarney and Oakstar but does not describe any of them.
The Guardian slide lists Fairview and Blarney but has two others blacked out.

The Post has previously reported that Blarney gathers up metadata –
describing who is speaking to whom and through what networks and devices
– as data flows through the Internet’s backbone.[

/

Has anyone seen Madam Defarge's knitting lately ?

.

xoxoxoBruce 07-10-2013 07:05 PM

Snowdon's a fool, otherwise he'd have headed straight for where the US government can't touch him...

Wall Street.

piercehawkeye45 07-12-2013 12:32 PM

Snowden made an appearance today and his remarks are below:

Quote:

Hello. My name is Ed Snowden. A little over one month ago, I had family, a home in paradise, and I lived in great comfort. I also had the capability without any warrant to search for, seize, and read your communications. Anyone’s communications at any time. That is the power to change people’s fates.

It is also a serious violation of the law. The 4th and 5th Amendments to the Constitution of my country, Article 12 of the Universal Declaration of Human Rights, and numerous statutes and treaties forbid such systems of massive, pervasive surveillance. While the US Constitution marks these programs as illegal, my government argues that secret court rulings, which the world is not permitted to see, somehow legitimize an illegal affair. These rulings simply corrupt the most basic notion of justice – that it must be seen to be done. The immoral cannot be made moral through the use of secret law.

I believe in the principle declared at Nuremberg in 1945: "Individuals have international duties which transcend the national obligations of obedience. Therefore individual citizens have the duty to violate domestic laws to prevent crimes against peace and humanity from occurring."
Accordingly, I did what I believed right and began a campaign to correct this wrongdoing. I did not seek to enrich myself. I did not seek to sell US secrets. I did not partner with any foreign government to guarantee my safety. Instead, I took what I knew to the public, so what affects all of us can be discussed by all of us in the light of day, and I asked the world for justice.

That moral decision to tell the public about spying that affects all of us has been costly, but it was the right thing to do and I have no regrets.
Since that time, the government and intelligence services of the United States of America have attempted to make an example of me, a warning to all others who might speak out as I have. I have been made stateless and hounded for my act of political expression. The United States Government has placed me on no-fly lists. It demanded Hong Kong return me outside of the framework of its laws, in direct violation of the principle of non-refoulement – the Law of Nations. It has threatened with sanctions countries who would stand up for my human rights and the UN asylum system. It has even taken the unprecedented step of ordering military allies to ground a Latin American president’s plane in search for a political refugee. These dangerous escalations represent a threat not just to the dignity of Latin America, but to the basic rights shared by every person, every nation, to live free from persecution, and to seek and enjoy asylum.

Yet even in the face of this historically disproportionate aggression, countries around the world have offered support and asylum. These nations, including Russia, Venezuela, Bolivia, Nicaragua, and Ecuador have my gratitude and respect for being the first to stand against human rights violations carried out by the powerful rather than the powerless. By refusing to compromise their principles in the face of intimidation, they have earned the respect of the world. It is my intention to travel to each of these countries to extend my personal thanks to their people and leaders.

I announce today my formal acceptance of all offers of support or asylum I have been extended and all others that may be offered in the future. With, for example, the grant of asylum provided by Venezuela’s President Maduro, my asylee status is now formal, and no state has a basis by which to limit or interfere with my right to enjoy that asylum. As we have seen, however, some governments in Western European and North American states have demonstrated a willingness to act outside the law, and this behavior persists today. This unlawful threat makes it impossible for me to travel to Latin America and enjoy the asylum granted there in accordance with our shared rights.

This willingness by powerful states to act extra-legally represents a threat to all of us, and must not be allowed to succeed. Accordingly, I ask for your assistance in requesting guarantees of safe passage from the relevant nations in securing my travel to Latin America, as well as requesting asylum in Russia until such time as these states accede to law and my legal travel is permitted. I will be submitting my request to Russia today, and hope it will be accepted favorably.

If you have any questions, I will answer what I can.

Thank you.
http://www.slate.com/blogs/the_slate...in_russia.html

sexobon 07-12-2013 09:26 PM

Quote:

Originally Posted by piercehawkeye45 (Post 870078)
Snowden made an appearance today and his remarks are below:
Quote:

... If you have any questions, I will answer what I can.

Thank you.

Hanging, firing squad; or, drone?

xoxoxoBruce 07-12-2013 10:26 PM

Now, now, don't you know Berrigan... uh, I mean Snowdon is a hero? He should be rewarded for telling us what anyone who was paying attention knew in 2007. :rolleyes:

piercehawkeye45 07-13-2013 10:45 AM

Quote:

Originally Posted by sexobon (Post 870145)
Hanging, firing squad; or, drone?

Venezuela may be punishment enough...

Griff 07-13-2013 02:21 PM

or Russia. As long as the rest of the planet is populated with these petty dictatorships it doesn't put much pressure on our homegrown fascism to ease up. I liked it better when Snowden was hanging with free folks in Hong Kong, but we're determined to drag the free world down.

ZenGum 07-13-2013 08:03 PM

Petty dictatorships? Aint nuttin petty about Putin's dictation!


FTR, I disagree with the recent posts disapproving of Snowden, but that's becoming a matter of opinion, not information, and I'm not in the mood for that kind of argument. But I think it's time to stop claiming to be the "Free world".

Mind you, US hegemony is still less fucked up than that of China or Russia.

xoxoxoBruce 07-13-2013 08:16 PM

1 Attachment(s)
I'm tired of every cocksucker that betrays this country automatically being made a folk hero.

Hegemony? We're just carrying on the family tradition.

sexobon 07-14-2013 12:52 PM

Why not let bygones be bygones so Snowden can come back. He can settle down in a nice protected neighborhood somewhere in Florida. To show there's no hard feelings, we'll even buy him a brand new hoodie and have George Zimmerman keep an eye on him.

ZenGum 07-18-2013 12:09 AM

Not a holiday camp in Cuba?

This article in Der Spiegel http://www.spiegel.de/politik/auslan...-a-911589.html quotes Jimmy Carter as supporting Snowden and even saying "Amerika hat derzeit keine funktionierende Demokratie", i.e. America does not have a functioning democracy.

Has this made it to the US media yet?

Griff 07-18-2013 05:12 AM

Oh no, that would be an inconvenient narrative.

glatt 07-18-2013 07:11 AM

It's showing up on a few second rate "news" sites, but no major news source besides Der Spiegel is reporting it.

Lamplighter 07-18-2013 08:37 AM

2 Attachment(s)
The cost of digital data storage has gone down so much, nothing is not feasible !

ACLU

Catherine Crump,
July 17, 2013

You Are Being Tracked: How License Plate Readers Are Being Used to Record Americans' Movements

Quote:

Automatic license plate readers are the most widespread
location tracking technology you’ve probably never heard of.
Mounted on patrol cars or stationary objects like bridges,
they snap photos of every passing car, recording their plate numbers, times, and locations.

At first the captured plate data was used just to check against lists of cars
law enforcement hoped to locate for various reasons (to act on arrest warrants, find stolen cars, etc.).
But increasingly, all of this data is being fed into massive databases that
contain the location information of many millions of innocent
Americans stretching back for months or even years.
<snip>
Because of the way the technology works – these devices snap photos
of every passing car, not just those registered to people suspected of crimes
– virtually all of the data license plate readers gather is about people who are completely innocent.
Data that we obtained through our records requests illustrates this point vividly:

Attachment 44809

Law enforcement data-retention policies today are all over the map.
While some police departments store data briefly, others keep it for a long time, or indefinitely.


Attachment 44810


The entire report is down-loadable as a PDF file.
(See, everyone can store data cheaply, even you :cool:)

xoxoxoBruce 07-18-2013 09:32 PM

I bitched about the plate readers monitoring Interstate 80, years ago, but I was called paranoid, and told not to worry.

Everything you need to know about PRISM.

tw 07-19-2013 08:42 AM

Quote:

Originally Posted by xoxoxoBruce (Post 870838)
I bitched about the plate readers monitoring Interstate 80, years ago, but I was called paranoid, and told not to worry.

Because the plate readers were not the problem. And must be everywhere in our future. The problem is who controls the data. A major difference. Plate readers will be ubiquitous. Welcome to innovation. We never solve a problem by stifling innovation. First define the resulting problems. Then address them. Who controls the data?

Otherwise the problem is cars that have license plates.

Lamplighter 07-19-2013 08:48 AM

Quote:

<snip>Otherwise the problem is cars that have license plates
... and bicyclists don't :eyebrow:

Undertoad 07-19-2013 09:23 AM



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