Klaatu's Profile

Klaatu
Name:
Klaatu
Joined:
Jan 13, 2011

Recent Comments

Klaatu

John Grant: ...

I don't own the records from phone/internet usage etc. The company does. But businesses had 4th Amendment rights (at the Founding and after). I should be able to make a contract where my records are kept between me and the business unless there is probable cause to suspect that I have committed a crime.

My understanding is that PRISM (or a related program) allows for the collection of "meta-data" from US citizens. Content is then only to available with a warrant from the (secret) FISC. I argue the "meta-data" category is not valid because it involves government search without a warrant.

By the way, good job at sparking a lively discussion.

1 hour ago

I agree that the company would also have rights under the 4th Amendment.  What I do not know is if Verizon or any other telecom attempted to assert such a right and fight the subpoena.

I believe PRISM is the program involving the tech companies such as Google, Microsoft, Apple, Facebook, etc ... and is distinct from the Verizon metadata collection.

Klaatu

John Grant: Yes.

I am saying that Epstein and Yoo et al. are wrong. The genuine meaning of the 4th Amendment can only be grasped if we understand it as part of the social compact as understood by those that made the social compact. We have to live under that understanding, or we have to go through the amendment process, if we are to be a free people. If a statute or court decision can change the meaning of our rights, we are not a free people.

...

18 minutes ago

The genuine meaning of the 4th Amendment can only be grasped by reading the text within the context of how the language used was understood at the time of its ratification.

The text states, “the right of the people to be secure in their persons, houses, papers, and effects, shall not be violated.”  How do you get from that a protection afforded to you over information you do not own or possess?

I may be wrong but the PRISM program did not rely on warrants at all as it collected on non-US persons.

Klaatu

John Grant: Secrecy is one thing, the violation of our rights is another. I am not questioning the power of the government to conduct espionage abroard for instance. It is a different matter when our 4th Amendment rights are routinely violated.

  · 1 minute ago

I think the point made by Prof. Epstein, along with Prof. Yoo, former AG Mukasey, etc... is that this this program (nor TSA airport searches) as we understand it does not violate the 4th Amendment.  

Klaatu

Mothership_Greg: I would like to see some proof of this:

The names linked to the phone numbers are not available to the government before a court grants a warrant on proof of probable cause, just as the Fourth Amendment requires. Indeed, once that warrant is granted to examine content, the content can be used only for national security issues, not even ordinary police work.

6 hours ago

What type of proof would you like?  What type would you accept?

Klaatu

Astonishing

In that article McCarthy goes off the deep end, asserting that, if 4th Amendment jurisprudence had evolved correctly, "it would not be a violation to wiretap a person’s conversations by physically attaching a monitoring device to the phone company’s line on a public street, without any entry into the person’s home or trespass on his property."

Wow!

Without delving into philosophic arguments about whether one's "person" under the 4th Amendment includes more than mere flesh and bone, it's enough to note that McCarthy's obliviousness to the 1st Amendment implications of his interpretation of the 4th Amendment indicates he makes a fearsome prosecutor, but not a fine legal scholar. · in 0 minutes

I cannot speak for him of course (however why Rob and Peter have not convinced him to contribute is a mystery), but I would guess Andy would object to the idea of the 4th Amendment or any part of the Constitution evolving at all.

Klaatu

Andy McCarthy has a column up on the NRO homepage that may be of interest.

Klaatu

Dr Steve

Exactly what I have been saying: this was more than mere lip service to the law. We took the mission seriously. Respect for the US Constitution was palpable. NOT breaking the law, and NOT breaking faith with the American people brought the pure satisfaction of professionalism. ..

I recall having a conversation on this subject years ago with a family friend (a criminal defense attorney) in which he expressed dismay that I trusted my soldiers (19-20 year old kids he called them) to be responsible enough not to abuse the collection capability they had.  He was taken aback when I reminded him that I also trusted these professional soldiers to behave responsibly with automatic weapons and grenades.

Klaatu

genferei

True enough. But then we probably still think the police would only ask for that information in the process of conducting an actual investigation, not that they would be proactively stockpiling everyone's data on the off chance that something might be relevant in the future.

Because stockpiled data is subject to abuse.

Faulk says he and others in his section of the NSA facility at Fort Gordon routinely shared salacious or tantalizing phone calls that had been intercepted, alerting office mates to certain time codes of "cuts" that were available on each operator's computer.

...

Bad stuff happens. Where is the evidence that the program is GOOD for something? · 1 minute ago

If such things did happen, then a lot changed from the time I retired in Dec 2003 and Oct 2008.  A good part of my time on active duty was spent in the SIGINT field and nothing was taken more seriously than the prohibition on collecting on US persons.  These soldiers would have faced court martial for this type of behavior in any unit I was ever a part of.

Klaatu

Mollie Hemingway, Ed.

Klaatu

I think those appropriate bodies are those designated by the people through their elected representatives.  Are you arguing that there is no need for government to maintain secrets?  That it should be the prerogative of every citizen to decide for himself which secrets should be kept?

Senator Wyden is unaware of how to speak to Sen Feinstein and ask her to investigate?  He is unaware how to speak to the DNI, the DNSA, or the President? · 1 hour ago

It's more that when Wyden asks direct questions of DNI, he gets baldfaced lies in return. Hard to operate in this system where lying is justified. · 16 minutes ago

I do not condone lying to Congress.  The DNI should have asked that the question be deferred until a closed session if he was legitimately concerned that answering would have compromised a legitimate collection effort.

Klaatu

genferei

Klaatu How are your credit card purchases private?  If I walk into Target, place 15 items into my cart, place those items on the counter, pay for them with my credit card, and walk out of the store; what part of that transaction was private?

I think you are confusing "private" with "a secret known only to me".

Perhaps we need a new word. How would you describe your salary, a woman's age, and my weight? All these things are known to lots of people beyond the person interested, and yet they are not information you would want - or would expect - to be disclosed to everyone in every situation. · 10 minutes ago

I think you are confusing 'private' with protected.  I would not expect the police to have to obtain a warrant to determine my salary, a woman's age, or my weight.  There is no expectation that such information is constitutionally protected.  I expect that if the police walk into Target and ask the people there about what they saw me purchasing or ask the cashier for a copy of the receipt of my purchases, that information would be provided with no notice given to me.

Klaatu

Fricosis Guy: Credit card purchases are certainly expected to be private transactions. You're using a third-party -- with whom you have a contract -- to faciliate the payment. Why must my purchases be public knowledge, because there's federal regulation of banking?

And I don't know about you, but my FB posts are only to my "Friends" -- whom I can unfriend -- and my tweets are to only my followers -- whom I can block. If someone takes that post and shares or retweets then that makes it public, but that's the same risk I take with snail mail or email.

What of my business doesn't the State have the right to collect and monitor? · 7 minutes ago

How are your credit card purchases private?  If I walk into Target, place 15 items into my cart, place those items on the counter, pay for them with my credit card, and walk out of the store; what part of that transaction was private?

FB posts and tweets are simply not private means of communication.  

Klaatu

Fricosis Guy: Frankly, no, because that's not all the info from the phone company (there's geolocation "where" data as well).

But what about the other firms -- FB, Twitter, Google, credit cards -- and how that data correlates with your phone records (and each other)?  The data they have is perfect for signal or traffic analysis, not wiretapping or mail intercepts.

I may have agreed to give it to one company. I did not agree to give it to the government so they can pull it all together. There is little incremental privacy lost by reading my emails/listening to my phone calls if you know where I've been, to whom I've been talking (and when), what I've tweeted/retweeted, who I follow, and to whom, what my last three card purchases were, etc.   · 6 hours ago

Klaatu: Keeping a record of every call you make or receive (number called, length of call) is not substantively different than listening and recording every word said on those calls? ·

Edited 5 hours ago

I have difficulty understanding a claim of privacy related to FB posts, tweets, and credit card purchases.  All are by their very nature not private.

Edited on June 12, 2013 at 5:27am
Klaatu

Dr Steve

Klaatu

Keeping a record of every call you make or receive (number called, length of call) is not substantively different than listening and recording every word said on those calls? · 25 minutes ago

Even while defending the program, I can understand the objections some have to the possible traffic analysis of their info. But under most of the circumstances I can think of, TA requires the warrant, too. · 5 hours ago

I disagree.  Legal minds I respect like AG Mike Mukasey, Andy McCarthy, and our own John Yoo all agree that the data used for traffic analysis is not protected by the 4th Amendment.  An argument can be made that the data does not even belong to you but rather to the phone company that collects it with your consent.  It is difficult to argue you have a reasonable expectation of privacy in someone else's property.

Klaatu

Fricosis Guy: Aggregate (verb):

1 :to collect or gather into a mass or whole

All the reassurances of PRISM advocates are undermined when they draw these distinctions without a difference.  · 4 minutes ago

Dr Steve: Mollie, as I understand the program (from the reporting), the answer is no, this is not the norm--PRISM is not "collecting" on American persons. It is aggregating info (I don't like the term "metadata") that already exists on company servers.

Keeping a record of every call you make or receive (number called, length of call) is not substantively different than listening and recording every word said on those calls?

Klaatu

Wow.

Thank you for posting this.

God Bless Harold and Claire

Klaatu

Hartmann von Aue

Klaatu

Do you have any evidence that anyone is listening to your phone calls or searching your emails for terms like "patriot" or "conservatives"? · 15 minutes ago

 I am extrapolating on the demonstrated abuses of government information gathering.  Like Mona Charen on her podcast a few weeks back, thanks to the Obama administration, I can no longer trust that any audit, any investigation of my financial records or charitable contributions is not driven by political animus instead of an error in Line 47 b of Form 1040. We already had the DHS attempt to classify whole swaths of the conservative-leaning public as terrorists back in 2009-2010. You may be gullible enough to think that abuses like this won't occur, but I am not.  · 13 minutes ago

Your lack of trust is understandable but exists irrespective of these programs.  

As long as we have intelligence gathering capabilities, they can be misused.  As can virtually every power we give government.

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