General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsYou have to be utterly ignorant of history, in a state of denial, dumb as grits or
partisan to the point of mindlessness, to believe that the 16 major national security agencies aren't to some degree or another abusing their powers.
Furthermore, national security is an 80+ billion dollar a year industry. Yes, that 80 freakin' billion. One of the things that means is that a lot of the employees of private companies are able to do a lot of shit without any oversight. Speaking of oversight, there's vanishingly little of it from Congress over many parts of agencies like the CIA and NSA.
The CIA and NSA have abused their power nonstop since their creations. That's not hyperbole. It's well documented. The difference is that now, they have more funds than ever and more tools than ever.
FISA Courts are weak sauce as far as protection of civil liberties. No matter how often they deny it, they rubber stamp warrant applications. There is no "defense" side in these courts. They grant over 99% of requests for warrants.
You can nitpick, call it all legal, whatever you wish for as how long as you wish, but basic common sense and a bit of knowledge of the past make it clear that abuses in abundance are being carried out.
MotherPetrie
(3,145 posts)JoePhilly
(27,787 posts)its small enough to drown in a bath tub.
cali
(114,904 posts)if our government can't be trusted in any way shape or form ... and ... as you said ...
What other choice do we have but to de-fund and shrink our evil government?
oh dear
Le Taz Hot
(22,271 posts)but he managed to get it in there, didn't he? Good goddess.
sabrina 1
(62,325 posts)in our name? When was the last time Congress held an oversight hearing on the activities of the CIA all over the world? In public I mean, all this secret stuff is part of the problem. If they have done nothing wrong they have nothing to hide, right??
Maybe we should stop appointing Republicans, like Clapper to positions like Director of Intelligence in Democratic Administrations especially since he is a former employee of Booz Allen, one of those multi billion dollar 'Security Firms' that benefit so much from our 'WOT' and possibly from information they receive from people in top government positions?
Maybe we could be a bit cautious, just a teeny bit, about placing the fate of our Constitutional Rights in the hands of a for profit, mostly Republican, multi billion dollar Private 'Security' firm like Booz Allen, once again mentioned in the latest leaks about wrong doing? Not the first time for them.
So how about ridding the country of these Private For Profit Security Corps and stopping the revolving door between them and top Government positions where they have access to information that could create a huge conflict of interest?
How about the Government do its job and stop handing out multi billion dollar contracts to shady 'security firms' like Booz Allen?
I don't know about you, but I never trusted Ari Fleischer or any of Bush's guys with my Constitutional Rights and would never, ever vote for any of them. Yet our Democratic president has retained and/or appointed so many of these left over Republicans, like Clapper.
KittyWampus
(55,894 posts)rhett o rick
(55,981 posts)H2O Man
(73,668 posts)what the OP states in this manner is a tactic that would fail in any good junior high school debate.
KittyWampus
(55,894 posts)government. The point could have been made without initially trashing government.
H2O Man
(73,668 posts)misrepresenting a DUers valid point by saying it is "exactly" what some other idiots do when they have a completely different goal. It's "exactly" the difference between sugar and shit.
AnotherMcIntosh
(11,064 posts)Exactly.
JDPriestly
(57,936 posts)protecting our rights not abusing them.
If we drowned our government in the bathtub, we would be drowned in corporate poisons, duped by corporate gangsters and abused by corporate heavies.
No. We of the 99% need a government large enough to represent our interests and keep the 1% under control. Unfortunately our government has been bought by the 1% and is not representing or protecting our interests. This surveillance program proves it.
You can rest assured that the mega-national corporations protect their corporate data and secrets so that no one, not even the NSA, has access to them.
pscot
(21,024 posts)The key question is, how do we get from here to there?
A good place to start is by picking up your NSA monitored phone and calling your Congressional Reps and letting them know that you demand they have public hearings so that we can find out what the hell they have allowed the NSA to do in our names. I called my Congressional Rep and two Senators today. I plan on sending them a follow up email tomorrow. I will keep on calling them until they do their Congressional oversight. If they think the voters are going to fire them in the next election they will respond and if they don't then we will campaign against them. We aren't powerless in this fight. It's time that we remind all of them that they work for us not the other way around.
pmorlan1
(2,096 posts)I don't watch TV but someone posted this link to a blog post on Twitter. The blog post included this great video from some show on MSNBC where one of the guests or participants was verbally "on fire". The show started out with this no-nothing guy pretty much telling everyone that we needed to surrender to the NSA spying. This other guy, Ari Melber, torched this guy with information. It was fabulous! I was like YES! lol
Check it out
http://digbysblog.blogspot.hk/2013/06/ari-melber-says-count-me-out.html
grasswire
(50,130 posts)Ari Melber. My hero.
cali
(114,904 posts)fjlovato
(29 posts)JoePhilly, You on the wrong blog - the Tea Party blogs are somewhere else (I think). The political spectrum is not linear but circular. The far left and far right are not at the ends but rather they are side to side in a circle. Go trouble the Tea Partiers and get off this blog which is supposedly for Democrats.
limpyhobbler
(8,244 posts)We should de-fund and shrink the evil part of the government.
Move the money to the non-evil part. They could use. it.
Skittles
(153,267 posts)they HAVE to defend the indefensible so forgive them if they veer off path
JoePhilly
(27,787 posts)We live in a police state. We have no freedoms or rights left. No privacy of any kind.
And the executive, legislative, and judicial branches of our government, are all aligned against us.
Skittles
(153,267 posts)it makes you sound like a Fox News fan
JoePhilly
(27,787 posts)DirkGently
(12,151 posts)from ... CHINA! You see, Snowden was a "plant," and Glen Greenwald, after apparently engineering the war in Iraq (who knew) and founding the Cato institute, hatched this plot to release genuine documents illustrating widespread surveillance in order to ... make Obama look bad.
You read those things today, too, because I saw you in the threads.
You don't want to compare levels of idiocy between the people concerned about possibly illegal domestic surveillance -- a thing that happened before, quite recently -- and the people exploding cranially on the basis the story is politically inconvenient for Obama.
You know you don't.
treestar
(82,383 posts)And will dodge the question posed by Joe Philly throughout the post - because the point is quite good and OP has painted self into a corner.
Managing bureaucracies is one thing, and discussing that would be too hard and take some nuance, so reduce it to black and white.
blackspade
(10,056 posts)or deliberately misinterpreting it.
The OP was not black and white and was calling for stronger effective governance and oversite.
treestar
(82,383 posts)There is no call for stronger anything. It's pure cynicism. There's no proof for the allegation that the FISA courts don't work at all, either.
And no proof that it always goes wrong or that even most government agents don't do their jobs honestly.
blackspade
(10,056 posts)You seem to be taking something totally different from the OP than I.
As for proof that the that the FISA courts don't work, well, there is no proof that they do either.
And based on some of the new data coming out about these programs, they don't appear to be working as advertized.
The problem is a lack of transparency to the process.
As for them always being wrong, I don't see that they are, but I also don't see that they aren't. Without proper oversight by Congress or other independent agency there is no way of knowing one way or the other. Given the history attached to this and earlier programs, it is not far fetched to assume that there are shady goings on.
I assume that most government employees are pretty honest having been one and worked with them for the last 2 decades.
But, I know from experience that it only takes a few corrupt individuals in positions of power to undermine and pervert a department.
sabrina 1
(62,325 posts)Clapper, as Director of Intelligence, former Private Security Firm Booz Allen employee, and former Bush guy. We didn't agree to trust these people with our rights.
JoePhilly
(27,787 posts)You vote for representatives. By doing so, you delegate such decisions to them.
If you don't like the decisions they make, you vote to remove them.
usaf-vet
(6,233 posts)and gerrymander districts. Try voting out the devil himself in a gerrymander district. Ain't going to happen. THAT's why they do it in the first place. Our democracy is seriously broken. Citizen United and corporate power have beat it to death and put it on life support. They are just waiting for the right moment to pull the plug.
JoePhilly
(27,787 posts)And when they "pull the plug", what does that mean?
usaf-vet
(6,233 posts)We become a third world democracy run by the very very rich for the rich. If the repugs ever take the WH, senate, house and SCOTUS thats when the plug will be pulled for the rest of us. 2016?
By the way you are right about gerrymandering. It only effects the house. So how is that working out for us? We will now have to wait until 2020 before there is any chance to reverse this misrepresentation.
BeyondGeography
(39,393 posts)I think you should change your name to MikePhilly, just to throw them a curveball.
KittyWampus
(55,894 posts)We are part of the fact-based reality. Which means dealing with things as they actually are not engaging in an outrage circlejerk.
Be outraged first
fact check later. That is exactly what is going on right now.
Skittles
(153,267 posts)you are compartmentalizing....this is NOT all about "scandals" that may or may not impact Obama's image - we're talking about the DIRECTION America is taking
cali
(114,904 posts)boilerbabe
(2,214 posts)treestar
(82,383 posts)And then double down and attempt to defend the indefensible or assert the utterly illogical in order to stay in line!
rhett o rick
(55,981 posts)start to belittle the person that pointed it out. Then they try to rationalize that it's just small and harmless. They seem to be afraid to look beneath the surface.
We know that the government has the capability to amass massive amounts of data. It even appears that they are doing that. Even if we can believe this administration wont use it for badness, the data is available to the next Cheney. Or maybe the data will be used by corporations that either buy the data or steal the data. The problem is allowing the collection of the data.
clarice
(5,504 posts)blackspade
(10,056 posts)You keep saying things like
leveymg
(36,418 posts)less than perfect and might need some urging from below to change the way it manages certain federal agencies.
You probably don't like hotdogs and haven't been to a baseball game lately, also. That practically makes you a Commie Bastard - get the drift, traitor? Well, something to that effect.
Great post. (That part's literal)
liberal_at_heart
(12,081 posts)libertarians. Same old crap. Same old bullying tactic. Sad thing is they don't realize it doesn't work. We will never stop questioning our government.
treestar
(82,383 posts)You're forgetting some of them do things progressives support. Libertarians OTOH, don't approve of any of them.
Right wingers are equally sure that all welfare programs are corrupt bureaucracies.
So you'd need to admit things go wrong there, too and that you basically agree with Libertarians.
rhett o rick
(55,981 posts)SkyDaddy7
(6,045 posts)The NSA will NEVER EVER violate Americans civil liberties like state & local cops do on an hourly basis.
Seriously, Ed Snowden thrrew away his life to "leak" info that was already in the public domain! HELL, the info has been out so long that "NSA Wiretapping" has had its own Wikipedia page for YEARS!!!
This Snowden character must have had no clue this info was already out there & ran straight to the media...And now his life is ruined & for what? Oh yeah, now we know the actual Top Secret name for the program!! SAD!!! Other than that what has he told the American public that those who pay attention did not already know? NOTHING!!!
The same goes for Bradley Manning...He told us nothing we did not already know...Except maybe some useless diplomatic gossip!! SAD!!!
And folks compare this to the Pentagon Papers!?!?! LOL!
still_one
(92,493 posts)Those politicians, so if they have a problem with it, then vote for people who will change it
reusrename
(1,716 posts)You know that we don't actually bother with counting people's votes anymore, don't you?
still_one
(92,493 posts)Abq_Sarah
(2,883 posts)Bears any resemblance to what is actually going on. I have a hard time blaming this on the congress when 90% of them are left out of the loop when it comes to any substantive details. Even those on the intelligence committees are never given 100% access.
still_one
(92,493 posts)the bill, however, ignorance is no excuse, only reinforces their fault.
They also reauthorized it, and from all appearances, they would authorize it again
mike_c
(36,281 posts)If the rest of the world is THAT great a threat to us, WTF?
david13
(3,554 posts)This is what the people want. They think this makes them 'safe' from whatever they are afraid of. This is what they voted for, this is what both parties have come to do in the last 12 years, and less so for many years prior to that. And this is what maybe 93% of the population are ready willing and able to go along with.
No rights, no privacy, none whatsoever.
dc
H2O Man
(73,668 posts)Some of "the people" certainly are okay with the lose of rights, in return for a sense of security. Others are not. And others give it little if any thought.
We could speculate on the percentages of people that fall into any of these or other groups of "the people." What is certain, however, is that the Bill of Rights is intended to protect the rights of individuals and minority groups. The majority cannot suspend the rights of those individuals and small groups. The best example of this is, of course, found in free speech. We all find some people obnoxious and offensive -- I found Dick Cheney obscene, for example -- yet Constitutional Law (the federal court cases that interpret the Constitution) on free speech is largely that defining the rights of the obnoxious and offensive people.
I'm not implying that the Bill of Rights provides unrestrictable license. But speculating on the percentage of folks who are mighty fine with domestic spying risks taking the focus on the other, extremely important points raised in the OP.
Abq_Sarah
(2,883 posts)93% of "the people" can't violate the constitutional rights of the 7%.
Either the 4th amendment means citizens are entitled to due process or we may as well just make this shit up as we go.
totodeinhere
(13,059 posts)It obviously has to do with who is in the White House. In 2006 Bush was in the White House and a majority of Republicans supported the surveillance programs and a majority of Democrats opposed them. Now it has almost flipped. Obama is in the White House and now a majority of Democrats support them and support for them among Republicans has gone down 23 points. It's just amazing how much partisanship colors everything.
And of course you see this very thing here at DU where some posters who wouldn't dream of supporting these programs if the GOP controlled the White House do support them because Barack Obama happens to be president. And I suspect that you would see the opposite effect at some right wing websites.
HiPointDem
(20,729 posts)OnyxCollie
(9,958 posts)Methodology
The data for this study was obtained through the Inter-university Consortium for Political
and Social Research. The data is a Washington Post September 11th Poll, conducted September
3-6, 2002. The poll was conducted through telephone surveys, whereby the households called
were chosen by random-digit dialing and the respondent chosen was an adult who last had a
birthday and was present at the time. The data set includes 1,003 cases and 81 variables.
This data was chosen for the respondents views on whether the September 11 attacks had
changed their lives, if people could be trusted, if they were concerned for their safety, if they
supported laws to aid the F.B.I. in the investigation of terrorism, whether they would sacrifice
freedoms to aid in the investigation of terrorism, if they approved of their congressional
representative, if they intended to re-elect their congressional representative, and which party
they would be voting for in the 2002 congressional election. Supporting laws, sacrificing
freedom, approval and re-election of congressional representatives, and choice of political party
for congressional representative vote will serve as the dependent variables. Whether 9/11
changed their lives, if the change affected their day-to-day lives or if it changed the way they
thought about things, and trust in people will serve as the independent variables. Concern over
personally being the victim of a terrorist attack will serve as the control variable.
There Must Be a Reason: Osama, Saddam, and Inferred Justification
http://sociology.buffalo.edu/documents/hoffmansocinquiryarticle_000.pdf
One of the most curious aspects of the 2004 presidential election was the strength
and resilience of the belief among many Americans that Saddam Hussein was linked to
the terrorist attacks of September 11. Scholars have suggested that this belief was the
result of a campaign of false information and innuendo from the Bush administration.
We call this the information environment explanation. Using a technique of challenge
interviews on a sample of voters who reported believing in a link between Saddam and
9/11, we propose instead a social psychological explanation for the belief in this link.
We identify a number of social psychological mechanisms voters use to maintain false
beliefs in the face of disconfirming information, and we show that for a subset of voters
the main reason to believe in the link was that it made sense of the administrations decision
to go to war against Iraq. We call this inferred justification: for these voters, the fact of the
war led to a search for a justification for it, which led them to infer the existence of ties
between Iraq and 9/11.
~snip~
In this article we present data that contest this explanation, and we develop
a social psychological explanation for the belief in the link between Saddam
and Al Qaeda. We argue that the primary causal agent for misperception is not
the presence or absence of correct information but a respondents willingness to
believe particular kinds of information. Our explanation draws on a psychological
model of information processing that scholars have labeled motivated reasoning.
This model envisions respondents as processing and responding to information
defensively, accepting and seeking out confirming information, while ignoring,
discrediting the source of, or arguing against the substance of contrary information
(DiMaggio 1997; Kunda 1990; Lodge and Tabor 2000). Motivated reasoning is
a descendant of the social psychological theory of cognitive dissonance (Festinger
and Carlsmith 1959; Kunda 1990), which posits an unconscious impulse to
relieve cognitive tension when a respondent is presented with information that
contradicts preexisting beliefs or preferences. Recent literature on motivated
reasoning builds on cognitive dissonance theory to explain how citizens relieve
cognitive dissonance: they avoid inconsistency, ignore challenging information
altogether, discredit the information source, or argue substantively against the
challenge (Jobe, Tourangeau, and Smith 1993; Lodge and Taber 2000; Westen
et al. 2006). The process of substantive counterarguing is especially consequential,
as the cognitive exercise of generating counterarguments often has the ironic
effect of solidifying and strengthening the original opinion leading to entrenched,
polarized attitudes (Kunda 1990; Lodge and Taber 2000; Sunstein 2000; Lodge and
Taber 2000). This confirmation bias means that people value evidence that confirms
their previously held beliefs more highly than evidence that contradicts them,
regardless of the source (DiMaggio 1997; Nickerson 1998, Wason 1968).
~snip~
We chose to focus on Republican partisans because of the well-documented
partisan difference in the perception of the validity of this link. We assumed
that Democratic partisans would not have a strong desire to defend the Bush
administration on this issue, thus severely reducing the variation we would
capture in responses. Our choice of subjects means that we are investigating how
partisanship produces and reinforces political (mis)information. Our choice of
subjects should not be taken to imply that the processes we are examining here
are particular to conservatives: we expect that, had we conducted this study in
the late 1990s, we would have found a high degree of motivated reasoning
regarding the behavior of President Clinton during the Lewinsky scandal.
Previous research on motivated reasoning has found it among respondents of all
classes, ages, races, genders, and affiliations (see Lodge and Tabor 2000).
WHEN CRABS ROAR
(3,813 posts)they think they need to be protected from some awful boogie man coming to get them.
This is corporate driven, always follow the money, but that's not always easy to do.
Egalitarian Thug
(12,448 posts)Being "utterly ignorant of history, in a state of denial, dumb as grits, or partisan to the point of mindlessness" are qualifications.
The remaining 10% should be looking for a place to hide.
Way too many people have the idea, they are not affected by what our government does. You're correct, the ignorance of too many people is really mind numbing.
ProSense
(116,464 posts)"utterly ignorant of history, in a state of denial, dumb as grits or...mindlessness" to believe the bogus spin surrounding this leak.
People should stop pretending that Obama hasn't implemented safeguards after Bush and that the U.S. doesn't have a history of surveillance. Hell, the FISA court was implemented to prevent these very kinds of abuses.
Bush came under attack because he bypassed the FISA court and went directly to intentionally spying on Americans. Bush broke the law (http://www.democraticunderground.com/10022973979).
The government has been collecting information for decades. The question has always been whether or not those activities violate the Constitution, even when they are in compliance with existing laws.
Smith v. Maryland, 442 U.S. 735 (1979) - No warrant required for call metadata
http://www.democraticunderground.com/10022966764
Here is Congressional testimony on another program implemented in 1997.
Before the Subcommittee on the Constitution
of the Committee on the Judiciary
United States House of Representatives
The Fourth Amendment and Carnivore
July 28, 2000
The Electronic Frontier Foundation (EFF) would like to submit comments to be included for the record regarding the Fourth Amendment and the issues raised by the FBI's Carnivore system.
<...>
The Carnivore system has received a lot of press recently, but the FBI has not been forthcoming about how the Carnivore system actually works. Civil liberties groups have often been quoted as noting that Carnivore is a "black box" leaving us to guess at its inner workings.
<...>
Second, analogizing pen register information from a traditional land-line phone system to the Internet is incorrect. The Carnivore system likely can capture content as well as numbers. Email addresses for example are personal to an individual rather than to a particular household. We don't know for sure, but it is possible that Carnivore has access to the subject line information of email messages. Subject lines are content. For example, "leaving work at 5pm today - meet me at the bus stop", contains a lot of information about travel plans of a target on a particular day. Carnivore can also track other content information such as the URLs of web sites visited. Seeing the URLs not only give routing information but content as well. For example, someone visiting www.eff.org could presumably be interested in civil liberties issues online.
<...>
Currently, there is little if any public oversight over the FBI's use of its Carnivore system. The FBI has not allowed the ISP to inspect the device, nor have any of the advocacy groups been allowed to examine it. In fact, the ACLU has had to resort to filing a FOIA request to try to get at the source code. Allowing the FBI to install and use a device such as this unchecked by any public oversight, threatens the openness we enjoy and expect in our society. Robert Corn-Revere, in his testimony, noted that his case is sealed. We can't even look to that for guidance.
- more -
http://w2.eff.org/Privacy/Surveillance/Carnivore/20000728_eff_house_carnivore.html
By Margret Johnston, PCWorld
Oct 20, 2000 7:00 AM
The U.S. Federal Bureau of Investigation is still developing its Carnivore Internet surveillance tool, according to FBI documents obtained by the Electronic Privacy Information Center through a Freedom of Information Act lawsuit.
<...>
EPIC filed the FOIA lawsuit after the FBI earlier this year revealed the existence of Carnivore. The lawsuit seeks the public release of all FBI records concerning Carnivore, including the source code, other technical details, and legal analyses addressing the potential privacy implications of the technology. The source code of the Carnivore system was withheld in the first batch of documents (see "Does Carnivore Eat Privacy Rights?" .
Carnivore has outraged not only EPIC, but also the American Civil Liberties Union and some members of Congress. The FBI has used it in at least 25 criminal and national security investigations, according to the FBI, which maintains the system is legal.
The documents in EPIC's hands also confirm that Carnivore was conceived under the name Omnivore in February 1997. It was proposed originally for a Solaris X86 computer. Omnivore was replaced by Carnivore running on a Windows NT-based computer in June 1999. Other parts of the documents include reviews of tests for performance, and recovery from attacks and crashes for both Omnivore and Carnivore. Carnivore consists of a PC running Windows and proprietary software.
- more -
http://www.pcworld.com/article/32664/article.html
http://en.wikipedia.org/wiki/Carnivore_(software)#Controversy
Abandoned in 2001, shortly before Bush launched his illegal wiretapping program.
For the Republican opportunists, Bush actually spied on people.
http://www.democraticunderground.com/10022959557
HELLO WORLD! George W. Bush illegally spied on American citizens. Read all about it.
http://www.democraticunderground.com/10022963663
Why The NSAs Secret Online Surveillance Should Scare You
http://thinkprogress.org/justice/2013/06/07/2120141/why-the-nsas-secret-online-surveillance-should-scare-you/
This whole NSA story is nothing more than recycled outrage. Glenn Greenwald didn't break shit.
http://www.democraticunderground.com/10022967844
What can we all agree on?
http://www.democraticunderground.com/10022969079
Now, the claims that the current is the "most important" or "biggest" leak in American history may have to do with the fact that it comes at a time when technology is so advanced and in the aftermath of Bush's illegal spying.
The fact remains that Edward Snowden leaked classified information on a legal program.
YoungDemCA
(5,714 posts)Are you telling me that we shouldn't have expected better from him?
Something being legal doesn't justify it. It's legal to pay workers $8.00/hour in many if not most parts of America. It's legal to hire lawyers to exploit the many loopholes in the tax code, such as having tax-free offshore accounts.
This legalistic (literally!) defense of bad, misguided, unjust policies is disappointing, at best.
markpkessinger
(8,409 posts)Very well said!
DirkGently
(12,151 posts)should be released?
That's the issue as I see it. The administration has kept in place the Bush Doctrine proposition that even inquiries into the legality of Executive Branch surveillance is classified. We know Bush put that in place so that he could secretly break the law.
Even giving Obama every benefit of the doubt, why would the administration fight to keep the public from seeing how the PRISM law has already been unconstitutionally violated?
JDPriestly
(57,936 posts)technology. It might take a long time, but I expect that decision to be overturned because the current application of that law and of FISA and the Patriot Act with regard to surveillance and gathering of private information will inevitably chill speech and violates the Constitution. That law is too old. It did not apply to this blanket use of the ability to subpoena pen registers.
I hope you read my post on what the Austrian newspapers are saying about this.
http://www.democraticunderground.com/10022986061
Europe has been trying to negotiate protections for their citizens for a couple of years, and Merkel intends to discuss these issues when Obama visits. I understand from the article that I read that Obama will visit Germany (?) in the coming week or weeks. I don't know if the Merkel/Obama meeting will take place in Germany or not. I assume it will from the wording of the article I read about it, but the article was not that explicit.
Germany's laws protecting speech are very different than ours. At least they were. Germany protected employees from discrimination in the workplace based on their speech. We don't do that. I don't know whether that is still the law in Germany now that the EU has developed protocols for this sort of thing.
Zoeisright
(8,339 posts)Exactly.
blackspade
(10,056 posts)You say:
In what way is it legal? Under what statute? What was the reasoning? When was it adjudicated?
What judicial recourse is there for the average American to challenge it's legality?
The information on it's face is unconstitutional. In my case there is no legal reason to gather data from any source unless the government has a specific suspicion that I have engaged in wrong doing. And they need a warrant. The problem is that folks like me have no legal recourse to challenge this type of surveillance because I am either unaware of it or don't have the bucket loads of cash that it would take.
jberryhill
(62,444 posts)When the police go to a court for a warrant, there is no "defense" side. I don't understand that criticism. Warrant applications are ex parte procedures.
DirkGently
(12,151 posts)It's not like the NSA hasn't been caught carrying out illegal orders to spy on Americans, given by the President (the last one).
And this one, apparently, given the 2011 order on the PRISM law that the administration doesn't want anyone to see.
But it's not an Obama-only issue. We have built an infrastructure designed to permit abusive surveillance.
What kind of person doesn't care about that, or regards even bringing it up as as some kind of anti-Dem conspiracy?
YoungDemCA
(5,714 posts)I agree with your post.
aquart
(69,014 posts)is that every time we point out an illegality, the idiots known as Congress will pass a new law making it legal.
So I've accepted that we'll lose this fight, but we should always keep them very very nervous about it.
DirkGently
(12,151 posts)That's what Bush got nailed for. That's what the 2011 PRISM ruling was (we think).
What we need to do is convince our very-much-better-than-Bush President that he can't have his progressive leadership cake, and eat the Bush-legacy of secret surveillance, too. Which is a terribly strained metaphor, I realize.
Nuclear Unicorn
(19,497 posts)However, I would add: FISA courts can't be used for wholly domestic operations. Claiming Foreign Intelligence Surveillance Act warrants are an appropriate salve to spying on all Americans without any probable cause, without naming specific places search or items to be searched for in is direct violation of the 4A. Too many people are using FISA an escape clause.
Adam-Bomb
(90 posts)Grits......mmmmm.
I am starting to sound like a broken record saying how annoyed I am
with these Numbnuts taking away our freedoms.
Good thread, OP, even if the subject matter pisses me off.
Oddly enough, having read some of my grandfather's FBI file, I feel more comfortable with metadata collection than I would be with agent surveillance and tons of written reports colored by agent opinions.
WillyT
(72,631 posts)JaneyVee
(19,877 posts)HangOnKids
(4,291 posts)What you like is not a very big deal JaneyVee. I hate to break it to you.
JaneyVee
(19,877 posts)HangOnKids
(4,291 posts)People have strong opinions and DU can be a wild ass ride. Hence my name, HangOnKids!
Try CNN, NBCNEWS, Yahoo, or even HuffPo. DU is Springfield in comparison.
avaistheone1
(14,626 posts)Look like the government and their contracted henchmen are about to the same old tricks.
Phlem
(6,323 posts)your a hater
Excellent post, also to add, about 30 or more years ago "Republican Obstructionism" used to called "Stonewalling" it's hardly anything new as people here may lead us to believe.
-p
xiamiam
(4,906 posts)d06204
(86 posts)in what way have these "abuses" negatively effected you or the country, or our way of life?
blackspade
(10,056 posts)Or how about just a classic violation of the 4th amendment for the financial gain of corporations and social control by the 1%?
KittyWampus
(55,894 posts)contractors and provide more oversight and regulation and less money...
cali
(114,904 posts)I am not advocating shrinking the government and swirling it down the drain.
You are making crap up- as always. disgusting habit of yours.
Laelth
(32,017 posts)-Laelth
DCBob
(24,689 posts)Currently it appears what they are doing is legal. Seems we need to change some laws or create better oversight or put in more restrictions. That's congress's job I believe.
Amonester
(11,541 posts)A proposition which will never happen in reality.
Can you imagine this obstructionist CongRe$$ if Obama does it: "By ending these programs, this Democrat President has chosen to fold the tent and go home in front of the enemy. He is endangering our national security" or "This Democratic President caved to his party's fringe of the radical left, and chose to let enemies of the US prepare their next terrorist acts freely: Remember 911!! This Democratic President is WEAK on terror!"
Not a tiny chance anything like it will ever happen.
LWolf
(46,179 posts)In this case, I have to agree.
Tierra_y_Libertad
(50,414 posts)Just look at all the (EEK!!) embarrassment they've caused already by letting the people see what their government does.
obxhead
(8,434 posts)does that make it OK?
OKNancy
(41,832 posts)cali
(114,904 posts)piratefish08
(3,133 posts)liberal_at_heart
(12,081 posts)Major Hogwash
(17,656 posts)Like this shit hasn't been going on for your whole frickin' life already!!
Fuck, talk about a wake-up call.
You act like you have been in a coma for the last 60 years and just woke up!
The NSA was created clear back in 1952!!
Did you think they are just going to close up shop because YOU just heard about them??
reusrename
(1,716 posts)The technology only came into being during the last decade or so.
Computer analysis of social networks is new science and folks should be concerned.
This subject is far more serious than the nuclear detente that was going on 60 years ago.
Ishoutandscream2
(6,664 posts)The most unpleasant and rudest person on DU. And yet, she has a fan club here. I guess there are some who like bullies.
blackspade
(10,056 posts)Ishoutandscream2
(6,664 posts)And insults them? She's a bully, plain and simple.
blackspade
(10,056 posts)over which treestar called cali out on, I haven't seen anything bullying in this tread.
I was responding to your insults.
I think that we all have to accept that there is going be a curtain amount of courseness on DU, something that I have not been innocent of.
But, one has to accept that they might be occasionally be called out on it as well.
That was all I meant by the comment.
You obviously don't agree with cali, which is totally fine. I have no issue with that even though I personally agree with cali's post.
That is what DU's free flow of opinions is all about.
blkmusclmachine
(16,149 posts)rhett o rick
(55,981 posts)OnyxCollie
(9,958 posts)Internment, that is.
grantcart
(53,061 posts)I believe that it exceeds that amount by 30%.
One of the problems with the lack of transparency is that there is little critical thinking about the resources spent and the results gained.
We continue to purchase tanks to fight a WWII style battle. The Pentagon fights this because their public budget is under scrutiny and they want to use the money in less wasteful areas, or even reduce expenditures.
When it comes to the intelligence budget there is no counter critic to question the efficacy of current expenditures. I would not be surprised that the PRISM operation had some use years ago but has had little benefit in the past several years as Al Queda adapts quickly to known moves by the government.
reusrename
(1,716 posts)First you have to identify who the real insurgents are, as opposed to the astroturffed version.
Come on, get with the program, you're usually smarter than this.
step 1) google the keywords: thesis insurgent and social network
step 2) review a few of the basic principles involved in this new branch of social science
step 3) ponder the NYC police (working with Homeland Security) to suppress OWS
step 3) figure out a way to organize folks in spite of this new science of disrupting social networks
I am convinced that the only way to resist becoming a fascist state at this point is to organize political opposition. But that's the whole problem. The science is being used by actual fascists to prevent folks from organizing any opposition to their actions. This is how the criminals are getting away everything.
libdude
(136 posts)for my President, Senators or Representative, I did not grant them by my vote the authority to violate or infringe on my Constitutional Rights, nor did I expect them to violate the rights of others. If any violated or infringed on any Constitutional Rights, they have in my opinion violated their oath of office and broke faith with what binds us together as a people, and therefore should resign or be impeached. Their is no small infringement just as their is no small lie, as someone once said, a half truth is not the whole truth therefore it is an untruth. Infidelity is infidelity no matter the reason.
Le Taz Hot
(22,271 posts)It should be a separate OP.
Douglas Carpenter
(20,226 posts)wouldn't take much more to convince them that nuking Disney World on a Sunday afternoon was a necessary evil - to say nothing of keeping records of phone calls and E-mails and social network postings. Don't expect things to get much better. The public has been so convinced that 69% of Democrats now support it - more Democrats than Republicans by the way.
Fully 69 percent of Democrats say terrorism investigations should be the governments main concern, not privacy, an 18-percentage-point jump from early January 2006, when the NSA activity under the Bush administration was first reported. Compared with that time, Republicans focus on privacy has jumped 22 points.
The reversal is even more dramatic on the NSAs practices. In early 2006, just 37 percent of Democrats found the NSAs activities acceptable; now nearly twice that number 64 percent say the use of telephone records is okay. By contrast, Republicans slumped from 75 percent acceptable to 52 percent today.
http://www.washingtonpost.com/politics/most-americans-support-nsa-tracking-phone-records-prioritize-investigations-over-privacy/2013/06/10/51e721d6-d204-11e2-9f1a-1a7cdee20287_story.html
upi402
(16,854 posts)With a white President they loved it.
Shameful.
Douglas Carpenter
(20,226 posts)at least when Bush was President - Democrats believed in the Constitution
I hope you are not one of the 11 now who have me on ignore. I guess I am getting badder. I feel sorry for them as I think I have something to offer. Anyway.
I agree that 16 major national security agencies is way overboard. The $80 billion you talk about is minor in comparison to what we spend on national defense via military and the pentagon. So I am not so outraged by that. What pisses me off is that non of these so called security agencies works together and many are private and not under the aegis of any agency to oversee them.
And abuses are abundant and that is because they are "illegally" private. National security in this day and age is a necessity. I wish I had the answer on how to oversee all this. Supposedly we elect people to do that. Obviously that does not work, all the time. Every manufactured crisis calls for another spy thingy to happen. I think our reps are more afraid than we are. And maybe, to some extent, correct. I do not know. I am not privy to their privy. There are things we should not know. That may sound naive or giving in but I truly believe that.
The simple answer is to ban all intelligence gathering. I can not live with that.
timdog44
(1,388 posts)See the comments by Al Franken. Can you not trust him?
http://www.democraticunderground.com/10022986995
This was meant to be a response cali and not to myself. Forgive my ignorance on how to do this sometiimes.
RainDog
(28,784 posts)but I have been hiding threads and putting people on ignore big time the last couple of days.
the reason for this is because I don't want to start to hate the party I have voted with my entire voting life. But to see the level of disgusting bullshit put up here on DU about this issue... it's just too much.
it's also, however, very educational until you get so sick of it you can't take it anymore.
It makes the party look bad.
timdog44
(1,388 posts)Maybe we are related, being timdog44 here.
I guess I can understand not wanting to deal with some of the treads. I think, am not sure, that I do not come down very popularly on this issue. I have said that I think a level of surveillance is necessary, and people jump to the conclusion that I think everything is OK. What cali said is there are too many agencies doing this, and that we have "private companies" (I suppose along the lines of the former Blackwater and Haliburton) doing it and making a mint doing it, without any supervision and with immunity up the ole _____.
I don't disagree with her totally. I think in the big picture that $80 billion is not a lot of money, as compared to defense/pentagon budet monies, is not much to spend on surveillance if done with more discretion and sharing among the "spy" community so duplication is not done and one hand knows what the other is doing. And it should all be absolutely "government" agencies, only fewer and better.
And as far as making the party look bad, there are certainly some gray cells lacking in some of the respondents. But thanks.
And, oh, I started a thread in GD addressing my thoughts on the ignore button. It may be breaking the rules, but I wanted to get it off my chest. http://www.democraticunderground.com/10022987891 Funny, no one has replied. Oh well. Nice chatting with you.
RainDog
(28,784 posts)I'm glad we could have an exchange that's civil.
I see there is more than one issue in all this and we really don't know enough to know what's what.
But I also know that, once Americans consent to give up protections, they rarely ever get those protections back.
While there are genuine national security concerns, they aren't just from the view of others who would attack from outside this nation. Those whose job it is to protect the nation are, of course, going to have a pov that they need every option available.
We have a history of responding to threats in ways that violate the civil rights of others, tho, as well (Japanese detention in WWII, for example.)
I think it's good to agree that there are valid concerns from various povs on this issue.
upi402
(16,854 posts)ugh
KoKo
(84,711 posts)Maybe that's your point.
Grits are good for you and grits are pure morning goodness. Grits are life itself. Themself. Themselves. Whatever. The point is, if your puny tastebuds can't handle the understated awesomeness that is grits. Are grits. Then don't take it out on the NSA or you'll end up on their watch list. Terrorist list. 2010 Census report. Whatever.
Harmony Blue
(3,978 posts)the jig is up and we need to shift our energy in a new direction for our country.
otohara
(24,135 posts)Ushering in the tea baggers to make our lives a living hell I hope they learned a lesson...midterms matter a lot. Start by voting every two years, special elections, not just the general.
Le Taz Hot
(22,271 posts)in more than one way and I'm not defending any of this. You're assessment is COMPLETELY wrong. Most of the blind partisans are newbies, comparatively speaking, of course
bhikkhu
(10,725 posts)that's what has always made things easier for me (and I sleep soundly too). I like to see evidence. There is, of course, a long history of abuse of powers, and one annoying thing is that we often don't find out for 40 years or so...
But even lacking evidence of abuse, assuming abuse just renders one a bit blustery and foolish about - well, we're not quite sure, but it must be something!
liberal_at_heart
(12,081 posts)Another handy little trick they have up their sleeve.
cali
(114,904 posts)bhikkhu
(10,725 posts)but I still like to see evidence.
I do wish the RW hadn't so spoiled "common sense". They've used the term so consistently to brand their nonsensical versions of history and culture and to beat down reasonable conversation that it kind of puts me off lately.
Le Taz Hot
(22,271 posts)was dead and buried before the public learned of his gross abuses of power. After his death the American people swore no one person would ever have that kind of power again. Now it's several agencies which means it's much harder to a) detect and b) stop.
Uncle Joe
(58,512 posts)Thanks for the thread, cali.
Kablooie
(18,645 posts)And therefore be shocked, shocked that all this is coming out.
juajen
(8,515 posts)the beginning. Someone's throwing out a red herring. Surely this outrage will take down the democrats. They're coming after Hill for sure. Gotta keep that Military Industrial Complex going strong. From the brilliant bard, "All the World"s a Stage." etc.
I know that we have guilty parties across the political spectrum, and this outrage is just what the doctor ordered. We just gotta keep choosing our best crooks, and eventually maybe the bad asses will disappear.
Absolutely. It beats the heck out of me. It has to be that they are young and haven't read and lived through as much as we have? Seems like the more we try to understand them and explain things, the more belligerent they become. You might get away with blind devotion if it's a loved one or a friend you've known all your life. But, when it's a political leader? Hells Bells, my mind goes right back to the 1930's "over there." Thanks for the OP, cali.
Good stuff Cali...
piratefish08
(3,133 posts)warrant46
(2,205 posts)treestar
(82,383 posts)The welfare bureaucracy, the EEOC, OSHA.
And the corruption is not all there is. There are still the majority who do their jobs honestly.
You have to be libertarian to be so sure that government is mostly evil.
cali
(114,904 posts)lack of oversight or potential for abuse that those in the spy agencies have.
And I don't believe gov't is mostly evil. and sorry, honey, but I'm not a libertarian.
Weak, desperate response.
treestar
(82,383 posts)Do you realize what that says about your ability to debate?
Welfare bureaucracy could arguably have power of life or death over people, denial of benefits could lead to someone starving.
Every bureaucracy has power. In fact arguably the NSA is least likely to affect most people. They may have my phone calls, but my life goes on the same. If OSHA slips up, someone could end up getting maimed or killed - some ordinary person.
The OP us thus fail, and you should admit you posted it without thinking through the big hole in the logic.
cali
(114,904 posts)ability to use critical thinking skills. No evidence in YOUR arguments that you do any such thing.
It's absolutely silly to claim that those in the welfare bureaucracy have the same power to potentially abuse the system as those in the spy agencies. I already explained to you in simple terms why this is so. Start with oversight.
That's so basic. You fail- as always.
You employ no logic and you steadfastly ignore facts and cling to your adulation of the President. It's sad, pathetic.
treestar
(82,383 posts)My claims were rational. I employ logic. I have no adulation of the President, I simply think he makes sense, knows what he is talking about, and is a lot smarter than critics like Greenwald who just want to stir up shit and use him as a scapegoat. He has critical thinking skills, which is why he can handle a lot more than you and Greenwald ever could.
WovenGems
(776 posts)The system isn't proactive so your pot selling operation is safe. However, if you're using the funds to support the Taliban and the ops get wind of it then they can query the system. But the system can't give a heads up because we haven't got our two digit computing to that point yet and may never do so.
timdog44
(1,388 posts)If the surveillance system in the USA is so all encompassing and can pin point all your phone calls, find you anywhere - why the hell cn't they find Andrew Snowden? Where's Snowden?
WovenGems
(776 posts)those who wish not to be found. Use cash and the U.S. Mail and this system is blind.
rhett o rick
(55,981 posts)timdog44
(1,388 posts)but I see a post on DU that he has asked for asylum in Russia!!!!!!!!!!!!!!!!!
Actually it was the Russians who said they would accept him. But still.
http://www.democraticunderground.com/1014505919
rhett o rick
(55,981 posts)They may want to "handle" his case different than Pfc Manning who is turning into a martyr.
timdog44
(1,388 posts)about that. I do not think this guy thought things through very well. I stiil can not believe the government gave such a high security clearance to such a lowly "spy".
I would have thought they would have learned their lesson with Manning,irregardless of whether you believe Manning correct or not.
The other thing I do not understand is if there are so many spy agencies, is that more of this does not happen.
rhett o rick
(55,981 posts)I also think that when people out-source they think their responsibility is reduced.
timdog44
(1,388 posts)going to post basically the same thing. Technology has outraced the law. And the people we have elected to take care of that for big part are a bunch of old fart white men to who the internet is a series of tubes, etc. If you don't understand the technology you should not be in a position to legislate on it.
On a much smaller scale, I have a sister-in-law who is a teacher and is so computer and internet illiterate it is almost abuse.
Babel_17
(5,400 posts)We "little people", to quote Blade Runner, are going to be kept in line by the knowledge that if we join any protests or nationwide strikes the government can easily know all about it.
Look at what protesting Bush was like. Remember the free speech zones?
Government will use its tools to preserve the prosperity and tranquility of those it serves best.
Good luck trying to protest some future Republican President if we're at war and he/she has a power mad administration. The activists amongst us will be battling a shitstorm of evidence that could imply anything. And that will be enough.
CanonRay
(14,134 posts)It made things nice and legal. It was a meaningless rubber stamp for what the government wanted to have done. Gee, just like our FISA court.
stevenleser
(32,886 posts)If you are going to criticize a court for doing something, shouldn't you know a little about the constitutionality of it?
http://biotech.law.lsu.edu/cases/nat-sec/duggan.htm
Court finds FISA constitutional - United States v. Duggan, 743 F.2d 59 (2nd Cir. 1984)
decided: August 8, 1984.
UNITED STATES OF AMERICA, APPELLEE,
v.
ANDREW DUGGAN, EAMON MEEHAN, GABRIEL MEGAHEY, AND COLM MEEHAN, DEFENDANTS-APPELLANTS
.
.
.
Prior to the enactment of FISA, virtually every court that had addressed the issue had concluded that the President had the inherent power to conduct warrantless electronic surveillance to collect foreign intelligence information, and that such surveillances constituted an exception to the warrant requirement of the Fourth Amendment. See United States v. Truong Dinh Hung, 629 F.2d 908, 912-14 (4th Cir. 1980), cert. denied, 454 U.S. 1144, 71 L. Ed. 2d 296, 102 S. Ct. 1004 (1982); United States v. Buck, 548 F.2d 871, 875 (9th Cir.), cert. denied, 434 U.S. 890, 54 L. Ed. 2d 175, 98 S. Ct. 263 (1977); United States v. Butenko, 494 F.2d 593, 605 (3d Cir.) (en banc), cert. denied, 419 U.S. 881, 42 L. Ed. 2d 121, 95 S. Ct. 147 (1974); United States v. Brown, 484 F.2d 418, 426 (5th Cir. 1973), cert. denied, 415 U.S. 960, 39 L. Ed. 2d 575, 94 S. Ct. 1490 (1974); but see Zweibon v. Mitchell, 170 U.S. App. D.C. 1, 516 F.2d 594, 633-651 (D.C. Cir. 1975), (dictum), cert. denied, 425 U.S. 944, 48 L. Ed. 2d 187, 96 S. Ct. 1685 (1976). The Supreme Court specifically declined to address this issue in United States v. United States District Court [Keith, J.], 407 U.S. 297, 308, 321-22, 32 L. Ed. 2d 752, 92 S. Ct. 2125 (1972) (hereinafter referred to as " Keith " , but it had made clear that the requirements of the Fourth Amendment may change when differing governmental interests are at stake, see Camara v. Municipal Court, 387 U.S. 523, 87 S. Ct. 1727, 18 L. Ed. 2d 930 (1967), and it observed in Keith that the governmental interests presented in national security investigations differ substantially from those presented in traditional criminal investigations. 407 U.S. at 321-324.
cali
(114,904 posts)I haven't disputed the legality of FISA, though I find how they operate alarming.
The constitutionality is not what I'm disputing. I do think that it's worth remembering that many things have been considered constitutional via SC rulings for decades only to be reversed and later reviled.
You do know that, right?
Catherina
(35,568 posts)after some of the desperate bafflegab that's getting posted here.
cali
(114,904 posts)the diversionary crap that's so desperately being posted incessantly, is all the more depressing being that it's posted here.
Catherina
(35,568 posts)Seeing it posted here with such enthusiasm is disturbing me too but I'm grateful it's not working. It's always a pleasure to support your astute posts.
AnnieK401
(541 posts)that we should just put up with it or get rid of the agencies that are suppose to keep us safe or some other option.
cali
(114,904 posts)I also think that these agencies, or at least some of them, are simply too big.
PuraVidaDreamin
(4,111 posts)These Privatized contractors are making 3 times more than a government employee would make!
pansypoo53219
(21,005 posts)Are_grits_groceries
(17,111 posts)Hominy maybe but not grits!
kelliekat44
(7,759 posts)day on sometimes innocent citizens. I find no equal outrage from the gallery. What's up with that?
cali
(114,904 posts)abuse of power.
And the point sure as shit isn't what's happened to me personally. duh.