more on AP Story Justice Dept. Probing Domestic Spying Leak

[David Farber <dave () farber net>]

Begin forwarded message:

From: Peter Wayner <p3 () wayner org>
Date: January 1, 2006 9:40:13 AM EST
To: dave () farber net
Subject: Re: [IP] more on AP Story Justice Dept. Probing Domestic  
Spying Leak


The real problem with these complaints of treason is that they're  
incorrectly argued. The latest round of articles did not reveal any  
new capabilities to the terrorists, the foreign intelligence agencies  
or even the US people. The ability of the NSA to intercept phone  
calls around the world has been described in books like _Puzzle  
Palace_ and many of the best selling  spy novels written by Tom  
Clancy and Dan Brown. In _Clear and Present Danger_, Tom Clancy  
describes how the US government has the ability to use voice prints  
to locate the calls of drug king pins who borrow the phone of a  
friend. That book was published about ten years ago in 1996. Was  
Clancy a traitor for revealing the information he got from leaks? Is  
the Justice department investigating him?

Let's assume that the bad guys didn't manage to hear Clancy's best  
selling leak. Well, the information is still out there. The agency's  
mission has been regularly described in public by many in government  
including Michael Hayden, the former head of NSA. He would discuss  
the agency's capabilities and then promise that they would never be  
used on US citizens without the agreement of a Federal Court. The  
actions of the main court, known colloquially as FISA, is well- 
documented in public reports that describe the basic procedure and  
include a count of the warrants approved or disapproved in the last  
year.  This has been going on since 1978.

Do you want to know how many warrants were issued last year? Just  
turn to Google. It was about 1754.

http://www.epic.org/privacy/wiretap/stats/fisa_stats.html

The news this time around is that the Bush administration felt that  
it didn't need to work with the FISA court. It decided it didn't need  
to fill out a form and get their approval to get the wiretaps. It  
decided to cut out a bit of the bureaucracy. Why? They feel that the  
authorization to go to war against al Queda overrode all of the  
previous safeguards and bureaucratic requirements. Did it? Only a  
jury can decide. How would you vote?

But any evil doers who used Google or read the official public  
reports of the NSA still knew they that could be wiretapped. The only  
difference is that there is now one less form to fill out.

-Peter




On Dec 31, 2005, at 2:27 PM, David Farber wrote:

> Begin forwarded message:
>
> From: Mary Shaw <mary.shaw () cs cmu edu>
> Date: December 31, 2005 1:57:10 PM EST
> To: JoeyEM () aol com
> Cc: Dave Farber <dave () farber net>
> Subject: Re: [IP] AP Story Justice Dept. Probing Domestic Spying Leak
>
> Joe,
>
> You appear to be saying that it's treasonous to expose illegal acts  
> by the
> government if those acts are carried out under the cloak of  
> protecting us
> from our enemies.
>
>  There seems to be something fundamentally broken about your model  
> -- it has
> no way to curtail illegal activities by the government.  The checks  
> and
> balances  provided for in the Constitution can't operate in this  
> atmosphere,
> and the Constitution is what the government is supposed to be  
> defending.
>
> The argument that the ends justify the means has long been suspect.
>
> Mary
>
>
> ----- Original Message -----
> From: <JoeyEM () aol com>
> To: <mary.shaw () cs cmu edu>
> Sent: Saturday, December 31, 2005 12:07 PM
> Subject: Re: [IP] AP Story Justice Dept. Probing Domestic Spying Leak
>
>
> You ask why Mary??  How about treason!  Traitors who have  disclosed
> information about an effective means with which to capture and destroy
> enemies of the
> US.
>
> Mary, in case you didn't know, Muslims are out there who want to  
> kill  you.
> I know it's hard for Liberals to accept this basis  truth, but if  
> you don't
> accept the fact that we are at war and that the NY  Times and  
> Washington
> Post
> are more interested in protecting the rights of our  enemies than  
> your life
> you
> better order your burka outfit as you may soon be  required to wear  
> one.
>
> And yes Mary, the NYT and WP are traitorous.
>
> Joe Mersnik



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