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McCain Supports Warrantless Domestic Surveillance
Posted by
timothy
on Wed Jun 04, 2008 02:34 PM
from the just-lookin'-just-listenin' dept.
from the just-lookin'-just-listenin' dept.
I Don't Believe in Imaginary Property writes "While there have been shifting reports about McCain's view on warrantless wiretapping, nothing could be clearer than the latest comment by McCain adviser Doug Holtz-Eakin, who said, 'We do not know what lies ahead in our nation's fight against radical Islamic extremists, but John McCain will do everything he can to protect Americans from such threats, including asking the telecoms for appropriate assistance to collect intelligence against foreign threats to the United States as authorized by Article II of the Constitution.' Article II, of course, is what Bush has argued gives the President virtually unlimited power during war, and McCain has already voted in favor of Telecom Immunity, though he sometimes mentions, to those asking for accountability, wanting to hold hearings about what the telecoms did."
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Your Rights Online: US Senate Votes Immunity For Telecoms 623 comments
Ktistec Machine writes to let us know that the telecom companies are one step closer to getting off the hook for their illegal collusion with the US government. Today the US Senate passed, by a filibuster-proof majority of 67 to 31, a revised FISA bill that grants retroactive immunity to the telecommunications companies that helped the government illegally tap American network traffic. If passed by both houses and signed by the President, this would effectively put an end to the many lawsuits against these companies (about 40 have been filed). The House version of the bill does not presently contain an immunity provision. President Bush has said he will veto any such bill that reaches his desk without the grant of immunity. We've discussed the progress of the immunity provision repeatedly.
Submission: McCain Supports Warrantless Domestic Surveillance by Anonymous Coward
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radical Islamic moderates (Score:5, Funny)
Re:radical Islamic moderates (Score:4, Insightful)
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Re:radical Islamic moderates (Score:5, Insightful)
You are not pissing them off by existing.
You are pissing them off by killing and torturing them.
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Re:radical Islamic moderates (Score:5, Insightful)
That's right! They hate our freedom to invade, steal from them, install puppet governemts, tear up the puppet governments and install new ones, blame them for terrorism while remaining really friendly with countries that actuall y produce the terrorists - in fact giving them VIP rights to fly when no one else in the US is allowed to.
Yep, they hate it that anyone has that kind of freedom.
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Learn some history. (Score:5, Informative)
So, after a hundred years of oppression and suffering, they strike one blow about a ten thousand times less deadly in the number of dead and about a hundred thousand times less damaging as a matter of culture and economy.
And then they won after they proved that the infidel doesn't have the moral fortitude to give everyone the right to a lawyer, no matter how heinous their crime. They proved that we have no moral superiority when it comes to torture and human rights.
America is not the same place it used to be. All there is to do now is sit back and watch what's left of the power structure squabble over the table scraps until we run out of resources and the next revolution occurs.
But don't pay any attention to this. Listen to the President. Go shopping, and he'll take care of the rest.
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Re:radical Islamic moderates (Score:5, Insightful)
The Taliban may be the the ONLY target we can justify over there, and a) we quit going after them, and b) we gave them all their money and weapons in the 70s (I think the 70s?)
If we got invaded by some nation bent on wiping out "radical christianity," you don't think a bunch of heavily armed down-home rednecks with a hand-bound copy of the Anarchist's Cookbook wouldn't be equipping their children so they could get that much closer to the invaders? Insurgents, indeed.
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Re:radical Islamic moderates (Score:5, Insightful)
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Re:radical Islamic moderates (Score:5, Insightful)
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Misleading (Score:5, Insightful)
Good old Slashdot political smearing.
McFlipFlop (Score:5, Informative)
McCain, spying and executive power: A complete reversal in 6 months [salon.com]
Re:McFlipFlop (Score:5, Insightful)
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Damnit, why did the USSR have to collapse? (Score:5, Insightful)
They don't have to (Score:4, Insightful)
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Re:Damnit, why did the USSR have to collapse? (Score:5, Insightful)
The threat is manufactured, those in power know exactly what they are doing. It's all laid out by right wing think tanks in a plan called The Project for a New American Century [wikipedia.org]
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Hyperbole and smoke, or substantiated story? (Score:5, Insightful)
Citations, please?
Cheers,
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Hedging our Bets with ParanoidLinux (Score:5, Interesting)
ParanoidLinux is a distribution with a focus on privacy. All network comms will be encrypted and run through TOR by default. IM programs, etc, will be configured for secure communications by default. You'll have to go out of your way *not* to have a secure conversation in ParanoidLinux.
This idea comes from Cory Doctorow's latest book "Little Brother" which describes a Linux distro similar to what we are building, with the same name.
It's a new concept, only a couple weeks old, so don't go looking for downloads... but we are looking for help! Come join us. We're looking for programmers, artists, security experts and unix gurus to help us bring this project together.
If the government takes this basic human right from you, be proactive. Take it back. See you there!
http://www.paranoidlinux.org [paranoidlinux.org]
irc.freenode.net, #paranoidlinux
One word must be missing here (Score:5, Funny)
There, that's closer to the truth.
Perpetual War? (Score:5, Insightful)
Brilliant!
What defines a war? Does it have to be against another country? Can it be...
a war on terror [wikipedia.org]?
a war on drugs [wikipedia.org]?
a war on cancer [wikipedia.org]?
a war on poverty [wikipedia.org]?
Re:Perpetual War? (Score:5, Insightful)
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Clear as mud (Score:5, Informative)
There isn't much question that tapping *international* calls is within the government's power. (At least I haven't heard any major Democrats argue with this). There just isn't enough information in this post to know if this is what McCain is talking about, or if it's domestic surveillance.
You should leave the political hack jobs to the professionals.
Obama is Against Warrantless Wiretaps (Score:5, Informative)
this comes as a surprise? (Score:5, Interesting)
DANGER, WILL ROBINSON.
Article I Makes Congress More Powerful (Score:5, Interesting)
And just look at some of the "war powers" that Congress is instructed by the Constitution to execute, in the section 8 of the Article I [wikipedia.org] that defines Congress:
These "Article II powers" arguments making Bush a king are lies. Talking about them is bad enough, but protected as free speech. However, acting on them by actual officials, whether to make war despite Congress, or as an official campaign to prevent Congress from exercising its powers, is usurping Congress' rightful power by creating Executive powers that do not exist.
If the Congress passes a law or otherwise officially acts to, say, direct the US armed forces (and subcontractors to it) to put on their boots and march out of Iraq tomorrow (even if that's not quite a good idea), Congress has the power to do so. It is the president who does not have the power to stop them, and is legally obligated to follow Congress' instructions in that march.
I've said it before (Score:5, Insightful)
and I'll say it again:
The extent to which those who watch over us are unwilling to be watched by us is the precise extent to which we are not a free and just society.
This has nothing to do with war, or terrorism. It is simply a matter of accountability. The people have a right to know what our elected officials do in the name of ensuring our safety, regardless of whether they actually live up to that goal or not. That we are not able to do so is the true barometer of our freedom, despite whatever a centuries-old piece of paper might proclaim.
Re:Parity (Score:5, Informative)
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Re:Parity (Score:4, Insightful)
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Re:Parity (Score:5, Insightful)
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Re:Parity (Score:5, Interesting)
To quote a bit from the article on wikipedia just to give some perspective:
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Re:Parity (Score:5, Insightful)
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Re:Parity (Score:5, Insightful)
DISCLAIMER: this is purely speculation, although I consider it in character for the current US administration.
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Re:Parity (Score:5, Insightful)
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Re:Parity (Score:4, Insightful)
While it is very, very unlikely that the FISA court would leak a request for a wiretap, if the request were groundless/abusive enough, I suppose it is a possibility.
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Re:Parity (Score:5, Insightful)
It's not surprising that McCain will follow suit. McCain lost my respect when he started flip-flopping like a fish out of water. Now it seems every day brings another reason not to trust him.
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Re:Parity (Score:5, Informative)
I recommend this article [reason.com] for a critical view of McCain's attitude towards personal freedom.
In short, he doesn't believe you should have it. You're all soldier's in McCain's American army and insubordination will not be tolerated.
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Re:Parity (Score:5, Interesting)
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It's a system of checks and balances (Score:5, Insightful)
Personally, I consider the original FISA requirements to be reasonable in the context of an intelligence collection mission (not traditional law enforcement). However, what Bush did to FISA is an abuse of Executive power specifically because it removes not only the weaker proactive checks, but also the stronger retroactive balances of an investigative trail.
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Re:Parity (Score:5, Funny)
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Re:Parity (Score:5, Insightful)
Who knows what might happen when he gets in office, though.
That's a stupid objection that could be applied anywhere to anyone. Why bother with what the candidates say or have done at all, in that case? "Vote Hitler! I know he *said* he'd kill all the Jews, but who knows what might happen when he gets in office?"
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how about (Score:5, Informative)
â" Washington, D.C., Dec. 19, 2000
"You don't get everything you want. A dictatorship would be a lot easier." - Governing Magazine, July, 1998
"A dictatorship would be a heck of a lot easier, there's no question about it." - Business Week, July 30, 2001
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Re:Parity (Score:5, Informative)
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Re:Parity (Score:5, Insightful)
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Re:Parity (Score:5, Insightful)
Responding to my own post.
Yes, I can imagine plenty of situations where a president might commit an act that, while technically illegal, prevents more harm than it causes. By the same token, I cannot imagine any such situation that could not be horribly abused.
Warrantless wiretaps could catch criminals, but it is precisely the penchant for abusing authority that we, as human beings, have that led to laws requiring a court order for warrants. Bush has abused that authority, and in doing so has broken the law.
Warrantless wiretaps may be useful for preventing crimes and terrorism ... but only in the hands of a saint. Bush is no saint, and neither is McCain.
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Re:Parity (Score:5, Funny)
President Bush going on a shooting spree in the White House before turning the gun on himself?
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Re:Parity (Score:5, Funny)
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Re:Parity (Score:5, Informative)
http://action.aclu.org/site/VoteCenter?congress=110&repId=25424&session_num=0&page=legScore [aclu.org]
And for fun, McCain's:
http://action.aclu.org/site/VoteCenter?congress=110&repId=122&session_num=2&page=legScore [aclu.org]
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Obama's Stance (Score:5, Insightful)
If you want to read it from his site, there's a pdf that explains [barackobama.com]:
Strengthen Warrantless Wiretap Approval Process: Barack Obama opposed the Bush Administrationâ(TM)s initial policy on warrantless wiretaps because it crossed the line between protecting our national security and eroding the civil liberties of American citizens. As president, Obama would update the Foreign Intelligence Paid for by Obama for America Surveillance Act to provide greater oversight and accountability to the congressional Intelligence Committees to prevent future threats to the rule of law.
Doesn't really matter in a two party system though, does it? Take what you can get over the crap I read about in this article from McCain's campaign.
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Re:Parity (Score:5, Informative)
I think that's about as clear a statement as you're likely to get.
(link courtesy of Glenn Greenwald [salon.com].)
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ECHELON anyone? (Score:4, Informative)
It is amazing to me that people go with their guts on the domestic wiretap stuff. First of all, from what I've been able to figure, there has been no domestic wiretaps without FISA. Any NSA wiretaps that lead to a domestic connection can be follow up with a FISA warrant. FISA was just worried about where the requests were coming from. Previously the FBI could not get a warrant from a NSA lead. After 9/11 this was allowed. See:
Secret Court's Judges Were Warned About NSA Spy Data [washingtonpost.com]: [...] "the government's failure to share information about its spying program had rendered useless a federal screening system that the judges had insisted upon to shield the court from tainted information."
That was deemed stupid and changed after 9/11. There are some hold outs though.
Remember that you can I can call a tapped number and law enforcement can listen to our call. The tap request only covers the tap target, but they can certainly listen in to anyone that calls that number. So when NSA is listening in to communications in the battlefield, that routes to a domestic number, that does not constitute "domestic wire tapping" since the tap is on the foreign source.
The other aspect of the "domestic" part is Call Detail Records. You do no own your call history, the phone company does. They can do whatever the heck they want with that information. Some states are making CDR's private, but traditionally, it is owned by the phone company. The FBI could use CDR's to see who has been talking to you and get a FISA warrant based on that information.
So, do I think things will change under Obama? Nope, not at all. Even under Clinton's "wall" of separation between the NSA and the FBI, there were still warrantless wiretaps.
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Re:hrm (Score:5, Informative)
Just for the record I don't support either side in this and the above is just my guess so take it as a grain of salt. I just don't see much extremism (from the view of the masses) from the Christians lately but I'd happily see the view that what is going on could be extreme Christan workings specifically the war in Iraq.
Oh - and if modded troll, well I don't mind. However, this is NOT "Informative." It may be interesting, it may even be insightful, but it surely isn't informative. (I keep getting odd moderations.)
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Re:Signing Statements. (Score:5, Informative)
First Google hit [boston.com] on a search for obama and signing statements [google.com]
Signing statements have been used by presidents of both parties, dating back to Andrew Jackson. While it is legitimate for a president to issue a signing statement to clarify his understanding of ambiguous provisions of statutes and to explain his view of how he intends to faithfully execute the law, it is a clear abuse of power to use such statements as a license to evade laws that the president does not like or as an end-run around provisions designed to foster accountability.
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