Welcome to the Second Life Forums Archive

These forums are CLOSED. Please visit the new forums HERE

Bush lawyer argues that Americans have consented to monitoring

Champie Jack
Registered User
Join date: 6 Dec 2003
Posts: 1,156
05-13-2006 14:54
From: Kendra Bancroft
I can't believe they voted off Chris Daughtery --whatta rip.


You knowledge and concern for this explains a lot about your inability to make a coherent argument.
Kendra Bancroft
Rhine Maiden
Join date: 17 Jun 2004
Posts: 5,813
05-13-2006 15:00
From: Champie Jack
You knowledge and concern for this explains a lot about your inability to make a coherent argument.



I don't confine my knowledge base to knowing the contents of Dubya's butt.
_____________________
Kendra Bancroft
Rhine Maiden
Join date: 17 Jun 2004
Posts: 5,813
05-13-2006 15:02
From: Champie Jack
You knowledge and concern for this explains a lot about your inability to make a coherent argument.



at least I don't conflate NSA wiretapping with phone number data mining.
_____________________
Kendra Bancroft
Rhine Maiden
Join date: 17 Jun 2004
Posts: 5,813
05-13-2006 15:03
From: Vares Solvang
Wow, your words of wisdom have enlightened me. You are right, how could I not see it all along. You've helped me see how wrong I was, thanks



Does it bother you at night that your giving up your civil liberties to a madman?
_____________________
Kendra Bancroft
Rhine Maiden
Join date: 17 Jun 2004
Posts: 5,813
05-13-2006 15:04
From: Champie Jack
oh boy..get ready for Kendra to ask you "Why do you hate your freedoms?"



anybody who defends the chimp in chief clearly does hate our freedoms.
_____________________
Kendra Bancroft
Rhine Maiden
Join date: 17 Jun 2004
Posts: 5,813
05-13-2006 15:06
From: Vares Solvang
If somehow your number was linked by mistake, which seems unlikely, I don't think they would "kick in your door". The worst that would happen to you is that you would be investigated, and maybe put under surveillance, without you ever even knowing about it. After a few days they would see that you were no threat and forget about you. No harm, no foul.

The people at the FBI aren't perfect of course, but they aren't Nazis. They are dedicated law enforcement personnel who just want to get the bad guys. I really don't think they have meetings to plan how to oppress the rest of us.



What part of the Government has given itself the power ti imprison you and torture you as an "enemy combatant" on a mere whim aren't you quite understanding?
_____________________
Champie Jack
Registered User
Join date: 6 Dec 2003
Posts: 1,156
05-13-2006 15:11
From: Kendra Bancroft
at least I don't conflate NSA wiretapping with phone number data mining.


First, this thread began with a discussion of the phone data program.

You chimed in that the Fourth Amendment is evidence that the program is illegal.

I posted a Supreme Court case that states that the NSA program is not in violation of the Fourth Amendment.

So, are you referring to my arguments in a different thread?

If so, please let me know where you find my error.
Champie Jack
Registered User
Join date: 6 Dec 2003
Posts: 1,156
05-13-2006 15:19
From: Kendra Bancroft
What part of the Government has given itself the power ti imprison you and torture you as an "enemy combatant" on a mere whim aren't you quite understanding?


Do you mean Detention of Enemy Combatants Act ?

"Whim" would be an inapporpriate way to describe the motivation allowed by the act.
Kendra Bancroft
Rhine Maiden
Join date: 17 Jun 2004
Posts: 5,813
05-13-2006 15:19
From: Champie Jack
First, this thread began with a discussion of the phone data program.

You chimed in that the Fourth Amendment is evidence that the program is illegal.

I posted a Supreme Court case that states that the NSA program is not in violation of the Fourth Amendment.

So, are you referring to my arguments in a different thread?

If so, please let me know where you find my error.



You posted a Supreme Court argument that doesn't even support your position. Anybody that can read can see that for themselves.
_____________________
Champie Jack
Registered User
Join date: 6 Dec 2003
Posts: 1,156
05-13-2006 15:26
From: Kendra Bancroft
You posted a Supreme Court argument that doesn't even support your position. Anybody that can read can see that for themselves.


ok, so you are saying that the following is not relevent?
From: someone
The installation and use of the pen register was not a "search" within the meaning of the Fourth Amendment, and hence no warrant was required. Pp. 739-746.


  1. (a) Application of the Fourth Amendment depends on whether the person invoking its protection can claim a "legitimate expectation of privacy" that has been invaded by government action. This inquiry normally embraces two questions: first, whether the individual has exhibited an actual (subjective) expectation of privacy; and second, whether his expectation is one that society is prepared to recognize as "reasonable." Katz v. United States, 389 U.S. 347. Pp. 739-741.
(b) Petitioner in all probability entertained no actual expectation of privacy in the phone numbers he dialed, and even if he did, his expectation was not "legitimate." First, it is doubtful that telephone users in general have any expectation of privacy regarding the numbers they dial, since they typically know that they must convey phone numbers to the telephone company and that the company has facilities for recording this information and does in fact record it for various legitimate business purposes. And petitioner did not demonstrate an expectation of privacy merely by using his home phone rather than some other phone, since his conduct, although perhaps calculated to keep the contents of his conversation private, was not calculated to preserve the privacy of the number he dialed. Second, even if petitioner did harbor some subjective expectation of privacy, this expectation was not one that society is prepared to recognize as "reasonable." When petitioner voluntarily conveyed numerical information to the phone company and "exposed" that information to its equipment in the normal course of business, he assumed the risk that the company would reveal the information


Additionally, I didn't just pick this case out of my ass. Refer to the USAToday article I posted in another thread. Here is a snipit:
From: someone
The U.S. Supreme Court has drawn a legal line between collecting phone numbers and routing information, and obtaining the content of phone calls. In a ruling in 1979, the court said in Smith v. Maryland that a phone company's installation, at police request, of a device to record numbers dialed at a home did not violate the Fourth Amendment.


So, are you still certain that it isn't relevent? again, perhaps you can point out in detail where I am confused.
Kendra Bancroft
Rhine Maiden
Join date: 17 Jun 2004
Posts: 5,813
05-13-2006 15:41
From: Champie Jack
ok, so you are saying that the following is not relevent?


Additionally, I didn't just pick this case out of my ass. Refer to the USAToday article I posted in another thread. Here is a snipit:


So, are you still certain that it isn't relevent? again, perhaps you can point out in detail where I am confused.



Phone companies (such as Verizon) all issue standard proclamations that they will not turn over phone records without a warrant, so reasonable expectation of privacy is in fact there.

The presumption that "society" does not think phone records should be private is spurious at best.

Secondly your citing of Smith v Maryland has zero to with this as it was a police matter which I would assume had warrants issued.
_____________________
Chip Midnight
ate my baby!
Join date: 1 May 2003
Posts: 10,231
05-13-2006 15:43
From: Champie Jack
I posted a Supreme Court case that states that the NSA program is not in violation of the Fourth Amendment.


If the 4th Ammendment doesn't do it for you, try section 222 of the 1934 Communications Act which forbids phone companies from giving out data on the calling patterns of their customers.
_____________________

My other hobby:
www.live365.com/stations/chip_midnight
Champie Jack
Registered User
Join date: 6 Dec 2003
Posts: 1,156
05-13-2006 15:46
From: Chip Midnight
If the 4th Ammendment doesn't do it for you, try section 222 of the 1934 Communications Act which forbids phone companies from giving out data on the calling patterns of their customers.


Excellent! That's all I ask.

Kendra kept repeating the FOURTH AMENDMENT. Would you agree that the Supreme Court Case I linked here is relevent, or do you agree with Kendra that it has no bearing on the issue?
Kendra Bancroft
Rhine Maiden
Join date: 17 Jun 2004
Posts: 5,813
05-13-2006 15:48
From: Champie Jack
Do you mean Detention of Enemy Combatants Act ?

"Whim" would be an inapporpriate way to describe the motivation allowed by the act.



(10) The Executive must be allowed broad latitude to establish by regulation and Executive order the process, standards, and conditions in which a United States citizen or lawful resident may be detained as an enemy combatant. Courts must give broad deference to military judgment concerning the determination of enemy combatant status, POW status, and related questions.

That means The President can call you an Enemy Combatant --cos he sez so.
_____________________
Kendra Bancroft
Rhine Maiden
Join date: 17 Jun 2004
Posts: 5,813
05-13-2006 15:50
From: Champie Jack
Excellent! That's all I ask.

Kendra kept repeating the FOURTH AMENDMENT. Would you agree that the Supreme Court Case I linked here is relevent, or do you agree with Kendra that it has no bearing on the issue?



Considering that the Communications Act was formed from Constitutional Law specifically the Fourth Amendment --then I would think Chip does in fact agree with me.
_____________________
Champie Jack
Registered User
Join date: 6 Dec 2003
Posts: 1,156
05-13-2006 15:52
From: Kendra Bancroft
(10) The Executive must be allowed broad latitude to establish by regulation and Executive order the process, standards, and conditions in which a United States citizen or lawful resident may be detained as an enemy combatant. Courts must give broad deference to military judgment concerning the determination of enemy combatant status, POW status, and related questions.

That means The President can call you an Enemy Combatant --cos he sez so.


let me help you out...refer to bold text in your quote.
I simply said that "whim" is not an appropriate way to characterize the authority.

"cos he sez so" is even less appropriate
Kendra Bancroft
Rhine Maiden
Join date: 17 Jun 2004
Posts: 5,813
05-13-2006 15:56
From: Champie Jack
let me help you out...refer to bold text in your quote.
I simply said that "whim" is not an appropriate way to characterize the authority.

"cos he sez so" is even less appropriate



In point of fact that's exactly what it says. The President in that article has set himself as Judge Jury and Executioner.

It states that the President is the one to set the standards and conditions.

Further it gives permission to try US citizens in a miliitary court.
_____________________
Joy Honey
Not just another dumass
Join date: 17 Jun 2005
Posts: 3,751
05-13-2006 15:56
From: Champie Jack
let me help you out...refer to bold text in your quote.
I simply said that "whim" is not an appropriate way to characterize the authority.

"cos he sez so" is even less appropriate


You probably should have looked at the two words directly preceeding the text you made bold... "broad latitude". That is where Kendra is getting "whim". It's much like the TOS for SL... they can pick your ass up at any time and for any reason if you look at them crosseyed (or if you don't look at them...).
_____________________
Reality continues to ruin my life. - Calvin

You have delighted us long enough. - Jane Austen

Sometimes I need what only you can provide: your absence. - Ashleigh Brilliant
Champie Jack
Registered User
Join date: 6 Dec 2003
Posts: 1,156
05-13-2006 16:03
From: Joy Honey
You probably should have looked at the two words directly preceeding the text you made bold... "broad latitude". That is where Kendra is getting "whim". It's much like the TOS for SL... they can pick your ass up at any time and for any reason if you look at them crosseyed (or if you don't look at them...).


ok, it isn't really relevent how you characterize it, because there is no argument about the substance of the ACT. We all understnd the power that the Act conveys to the Executive
Tsukasa Karuna
Master of all things desu
Join date: 30 Jun 2004
Posts: 370
05-13-2006 17:16
All of this is leaning on the fact that our illustrious government can be responsible enough to not break in people's doors at 3AM.

Lesee.

Secret NSA spy programs aimed at regular people? Check.
President that signs seemingly useful laws in and then more or less changes them to suit his agenda? Check.
Artificially inflated gas prices? Check.
Old boys network? Check.
Ignoring the constitution? Check.

Sorry. I don't trust anyone within 10 miles of washington to be responsible enough to use this power properly. Absolute power corrupts absolutely.

Let's just say i'm a whistle blower who blows the whistle on someone who happens to have friends in high places. I could be marked as a terrorist, picked up, tried in a military court with no rights whatsoever, and put away for the rest of my days. I'm not saying how LIKELY it is. But the way the laws are munched now, it is POSSIBLE. And thats the entire problem.
_____________________
".. who as of 5 seconds ago is no longer the deliverator.."
paulie Femto
Into the dark
Join date: 13 Sep 2003
Posts: 1,098
Vares, once again you have beeen lied to
05-13-2006 18:18
1) The press you quote is feeding you the lie du jour, as their Masters require.

2) The Supreme Court decision you refer to does not cover what is being done. The press is feeding you the Bush administration's interpretation of the ruling. See #1.

3) The strategy of lies remains a "fall back" strategy where exposed lies are excused by new lies. Vis:

We only spy on international calls.
Ok, we lied. We spy on domestic calls but only calls from in country to parties outside.
OK, we lied. We spy on all domestic calls, but only calls between suspected terrorists.
Ok, we lied. We spy on all domestic calls but we only collect numbers, no personal data.
Ok, we lied. We cross reference numbers with personal info, but we don't listen to calls.
Ok, we lied. We listen to calls. But only calls made by suspected terrorists.
OK, we lied. We listen to all calls. But we dont do anything with the info we collect.
Ok, we lied. We secretly arrest, torture and murder subjects, but only suspected terrorists.
etc, etc, etc.

These points are not merely my own. Dig it: http://mediamatters.org/items/200605120018

This article elaborates on all 3 points.

Part #5 of the article is particulary good at explaning "exactly what is being done that's illegal here?"
_____________________
REUTERS on SL: "Thirty-five thousand people wearing their psyches on the outside and all the attendant unfettered freakishness that brings."
Almarea Lumiere
Registered User
Join date: 6 May 2004
Posts: 258
05-13-2006 21:54
From: Vares Solvang
The people at the FBI aren't perfect of course, but they aren't Nazis. They are dedicated law enforcement personnel who just want to get the bad guys. I really don't think they have meetings to plan how to oppress the rest of us.
See: http://anythingprose.typepad.com/anything_prose/us_mccarthyism_homeland_security/index.html

for an example of abuse that, while it falls short of the "Nazi" standard, is still plenty bad.

Even if you make the case that our current government never uses its power inappropriately any more (which is likely to be a real challenge), how can you guarantee that that will still be the case in ten or fifty years, after the principle is established that they are allowed to know whatever they feel they need to know in order to protect us from the enemy?

There is a fine line between a government permanently on a military standing and a repressive fascist government. Check out the history of the Roman Empire: the Republic handed control over to a dictator as part of the fallout from the civil war. The first emperor (Augustus) was a pretty good leader. His successor (Tiberius) was mediocre, and the third one (Caligula) was thoroughly despicable. That took about a hundred years.

You and I are going to be fine. I worry about our grandchildren.

--Allie
Chip Midnight
ate my baby!
Join date: 1 May 2003
Posts: 10,231
05-14-2006 07:56
From: Champie Jack
Excellent! That's all I ask.

Kendra kept repeating the FOURTH AMENDMENT. Would you agree that the Supreme Court Case I linked here is relevent, or do you agree with Kendra that it has no bearing on the issue?


I agree with Kendra that this is a 4th amendment issue. I also think the case you cited is relevent and disagree strongly with the ruling. I think what our government is up to in the name of fighting "terrorists" is frightening, dangerous, irrational, and way over the top. I posted a link to an article a few months back about the justic department's data mining schemes. The revelation the other day about the collection of phone records isn't really news but I guess most people missed the earlier revelations. What they're doing is playing the six degrees of Kevin Bacon on a massive scale. Think about that for a minute, Champie. How many degrees are you away from people who hold dissenting views, or who have questionable friends, or who engage in some illegal activity? Are you guilty be assosciation? Your government thinks you might be.
_____________________

My other hobby:
www.live365.com/stations/chip_midnight
Vares Solvang
It's all Relative
Join date: 26 Jan 2005
Posts: 2,235
05-14-2006 12:22
From: Chip Midnight
I agree with Kendra that this is a 4th amendment issue. I also think the case you cited is relevent and disagree strongly with the ruling. I think what our government is up to in the name of fighting "terrorists" is frightening, dangerous, irrational, and way over the top. I posted a link to an article a few months back about the justic department's data mining schemes. The revelation the other day about the collection of phone records isn't really news but I guess most people missed the earlier revelations. What they're doing is playing the six degrees of Kevin Bacon on a massive scale. Think about that for a minute, Champie. How many degrees are you away from people who hold dissenting views, or who have questionable friends, or who engage in some illegal activity? Are you guilty be assosciation? Your government thinks you might be.



Chip, law enforcement across the country uses this ruling every day to catch drug dealers and mobsters. Being able to look at their phone records when needed is critical to their investigations. Are people guilty by association? Your government thinks you MIGHT be. Stress the word might. All the phone records do is say that maybe they should take a look at the person that a mob boss, drug dealer, or suspected terrorist is talking to on the phone.

Now obviously if there is only one call that was only five seconds long and upon looking they can see that it's only one digit off from the phone number of the person's mother, they can probably rule out that person being involved. But if there are 20 calls all at least five minutes long AND the person just put $50,000 cash into their bank account, well maybe they should look a little closer at that person. It still might turn out to be nothing, but needs to at least be looked at.

Now, having said that I will say that I think what most people have a problem with is that the gov is using this phone data without getting a court order first. That is where the problems come in. There needs to be some sort of independent oversight in it's use.
Rose Karuna
Lizard Doctor
Join date: 5 Jun 2004
Posts: 3,772
05-15-2006 07:38
People who say "What are you hiding" in response to those who are uncomfortable about the government invading their privacy by rifling through their private phone records or by listening to their private conversations should read this book: IBM and the Holocaust by Edwin Black

The more information that is publically available on you the more there is that can be publically turned against you.

Do you think they only cross reference these phone numbers against known terrorist? Betcha they also cross reference them against known drug king pins also or they hand them over to the DEA so they can. Oh, sorry, there is no longer a DEA, it's all DER HOMELAND now isn't it?

Oh and lets hope that we don't begin rounding up illegal immigrants and putting them in concentration camps.

Things are getting very scary in this country and it is looking very fascist.

.
_____________________
I Do Whatever My Rice Krispies Tell Me To :D
1 2 3 4 5 6