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Rand Paul: NSA Routinely Monitors Americans’ Communications Without Warrants

theintercept.com

281–290 of 300 posts

Re: Rand Paul: NSA Routinely Monitors Americans’ Communications Without Warrants

#281

Earlier quoted context omitted.

Generally: false equivalence, excluded middle.

I do not understand. The question was: > Can you elaborate on what you specifically take issue with?

And I'm responding specifically to that response.

Re: Rand Paul: NSA Routinely Monitors Americans’ Communications Without Warrants

#282

Earlier quoted context omitted.

> Read them again. I just read them again. There is clearly a great effort being made to embellish the evidence so that it seems like state actor caliber work. I think we can safely assume that the US and Russia conduct steady amounts of mischief toward each-other, and that it's largely out of the public view. Some of it likely includes hacking attempts, etc. But the very documents you link say that while the groups…

> I just read them again. There is clearly a great effort being made to embellish the evidence so that it seems like state actor caliber work. You very clearly didn't read them before this when you said there was no evidence other than that Russia might want to meddle in the election, and from your post, it seems unlikely you read them "again" just now. The hacks used implants that were only ever used by the respecti…

> The hacks used implants that were only ever used by the respective groups, which had only targeted organizations that the Russian government was pursuing and were known to be RIS groups

So you're arguing that if you were state sponsored intelligence agency and you were using a crude technique that could be easily detected, that you'd only target organizations that your state had obvious strategic interest in?

Your assertion fails a test of reasonableness for several reasons. The most obvious of which is that since there are thousands of Nigerians doing the same kind of phishing campaigns, so there would be no tactical reason not to include a large number of randomly generated email addresses or email addresses from other hacked lists.

One obvious example is the Stratfor dump. Who were Stratfor's subscribers? Largely members of government agencies, large institutions, etc. Any hacking group would have had access to all of the emails in the dump, as well as other publicly available caches of email addresses.

Also, if you were a state actor wishing to conduct a phishing campaign like the one we're discussing, why would you dispatch it from the Ukraine? Even the links you sent claim it's quite unusual for the sender address of a phishing email to be the same as the one registered to the domain, but this fact is not deemed worthy of consideration.

So we're now down to three main possibilities: Either the state actor in question is extremely amateurish and careless, or it wasn't a state actor, or it was a state actor intending to lay a misleading trail.

My point is simply that it's very presumptuous to jump to the conclusion that it was definitely a state actor and definitely Russia.

The article you linked would perhaps be somewhat trustworthy if it were not the case that the NYT had a clear intent on helping HRC's candidacy and has been one of the chief supporters of propaganda about Russia. I consider the NYT to be America's own Pravda.

The article contains assertions that are not accompanied by data. We're told that one of the DNC's computers was "phoning home" to "Russia" but there is sadly no reason to believe this or any of the other information in the article.

I'd also add that due to the NYT's very poor adherence to journalistic best-practices and basic professionalism during the campaign, reading an article like that makes me doubt the truthfulness of the claims even more than I would have without reading it.

While there are a few good reporters left at the NYT, the paper has a set of propaganda goals that often take precedence over truthful reporting and real journalism. This is deeply saddening to me, as I would hope that our nation would have at least one reputable large news organization.

FWIW I'm horrified that Trump won the election, and did not expect him to, but I would also have been horrified (though less so) if HRC had won. We can do so much better.

Re: Rand Paul: NSA Routinely Monitors Americans’ Communications Without Warrants

#283

Earlier quoted context omitted.

> pretend there are no patterns. The only pattern is this: Trump says something outrageous and gets the media focused on what he said. This continues until he says another outrageous thing, attracting attention at will. He's like a human teasing a cat with a bamboo pole with a piece of yarn attached. I don't assume any motive other than to control media attention. GWB used this technique when Rumsfeld said various ou…

> The only pattern is this...his remarks during the campaign about wanting better relations with Russia were intended to stir the pot LOL. That's absurd on its face. His deference to Russia and Putin is complete and it's not just his public rhetoric, but backchannel nods that were not intended to be revealed for public shock or otherwise, and favorable RNC platform changes and beyond. And, all of this in the context…

> LOL. That's absurd on its face. His deference to Russia and Putin is complete...

Just to be clear, there have been two factions in the US with respect to Russia after the wall came down. Obama did not view Russia as a threat and took significant criticism from those who did. The factions cross party lines. Rubio is vehemently (absurdly) anti-Russia, as is McCain. McCain called for escalation, perhaps military action when Russia invaded the Caucuses and Crimea. HRC shares McCain's and Rubio's stance on Russia. Trump apparently shares Obama's and during the campaign indicated he would likely be even more open to normalized relations with Russia.

Note that Trump has reversed course on many (if not the majority) of his campaign promises. He is very unlikely to consider any policy that would alter the balance of power between US, NATO and Russia.

The issue is that because the US has not been able to keep Putin in check, the balance of power is shifting in Russia's advantage. Putin would happily drag the US into a proxy war in Syria and a proxy war in Iran. Trump is taking the bait on Iran, HRC took the bait on Syria.

No matter which proxy war the US gets into, Putin gains strength.

The US did not act to stop Putin's aggression in Crimea or the Caucuses and even hawks like McCain and HRC realize it is probably too late to prevent the inevitable rise of Russia relative to a struggling Europe. Trump may or may not realize this yet. I think his campaign rhetoric was mainly a PR strategy and has little bearing on the policy the US actually follows during his time in office.

As Europe struggles, Russia will seek to re-align with former Soviet bloc nations and offer favorable trade options, etc. The US does not have the will or the resources to thwart this, and by not intervening over the past few years, the US has sent a message to those nations that it does not have their back.

HRC and McCain realize that the longer the US waits, the harder it will be to threaten Russia militarily. Obama's sanctions were the last arrow in the quiver. Russia is in no hurry now that the momentum is in Russia's favor.

HRC did everything possible to send the message to Putin that the US would engage fully in Syria and not put up with anything. But what will the US do besides spend 10x or 100x what Russia spends in a Syrian nation building disaster? Meanwhile, Russia makes inroads into Iran and works the other angle.

It's important to keep in mind that the reason the US invaded Iraq was mainly to get there before Russia did. During the Soviet era, the Iran/Iraq war left the region vulnerable, and after the Soviet Union fell there was a period when the US didn't really worry too much about it. Saddam's invasion of Kuwait offered the US an excuse to project power there, but before long Russian firms had trillions of dollars worth of oil extraction contracts in Iran and Iraq, and Russia was on track to gain undue influence in the region, since there was no actual loyalty to the US.

GWB invaded Iraq and took the first step, and he snubbed Russia by restricting the spoils only to firms from coalition countries. This was basically stealing from Russian firms and giving the loot to coalition countries, all in the name of the "freedom" of the Iraqi people.

Soon it became clear that the US was over-extended in the middle east. The American public was tired of the costly wars, and the idea that the US was able to successfully nation build and bring freedom was becoming more and more obviously hollow.

So Russia focused on aligning with Assad and with Iran. Obama tried to prevent the situation in Iran using a carrot, HRC wanted to prevent the situation in Syria with a ground war.

The key point is that Trump will be forced to take a stance on both of these and it is fairly unlikely that he'll act in a way that benefits Russia over the medium term. European nations have a lot of influence in the US, and most do not want a more powerful Russia.

We don't know how far along the path of brinksmanship a US hawk would take us, but Trump is navigating to ward the brink with Iran. If there is a coherent policy taking shape, he might try to make a deal with Russia allowing Russia's influence in Syria to continue, but he's just as likely to renege on the arrangement as Putin is, so I don't think it really changes the strategic equilibrium or the inevitable transformation Russia into a power having clout that is a bit closer to the level it has known for most of European history.

Re: Rand Paul: NSA Routinely Monitors Americans’ Communications Without Warrants

#284

Earlier quoted context omitted.

> We were discussing the Muslim registry that Trump wanted to implement, which goes far beyond NSEERS. Right. Trump stopped calling for this after he was briefed on the metadata program and told "hey we have the best registry you could ever want, no need to call for one, it's already built and at your disposal". Trump's decision to call for a Muslim registry was born out of the political appeal of saying something th…

> Right. Trump stopped calling for this after he was briefed on the metadata program and told "hey we have the best registry you could ever want, no need to call for one, it's already built and at your disposal". Did you forget that this metadata collection ended? Did you forget that when it was collected, the only way to query it was to find anonymized IDs of contacts to issue court orders to deanonymize? I explaine…

> Did you forget that this metadata collection ended?

I do not believe this to be the case. We have been reassured multiple times that our agencies are not eavesdropping, etc., yet revelations have continued to emerge that these reassurances have been lies.

> Whatever you call it, this happens everywhere,

The fourth amendment is fairly unique in the world. It (and the first and second amendments) are even unique in the western tradition rooted in English common law. So yes, I know it happens almost everywhere. That does not mean it should happen here.

I'd also comment that there must be a bizarre, un-American cynicism among the people who write things like the "Patriot Act" and the sorts of legal briefs that allow agencies to burn the bill of rights at will. Who are the monsters who want to destroy the few things that could be considered unique cultural and humanitarian achievements of our nation? And why do you defend them!

Re: Rand Paul: NSA Routinely Monitors Americans’ Communications Without Warrants

#285

Earlier quoted context omitted.

> Related fallacy: there is not a standard ratio of people who should fail school tests. Fair enough, but then one could argue that law enforcement are under-utilizing the powers they ought to have since so many requests are sailing through without impediment.

If the agency submitting requests are denied often, the judge would look at future requests from that agency more closely and deny at an even higher rate. You don't go to the judge with garbage for probable cause. More directly, looking at the approval rate for FISA requests without also looking at the high approval rate for search warrants is going to cause you to reach nonsensical conclusions. https://www.quora.com…

> More directly, looking at the approval rate for FISA requests without also looking at the high approval rate for search warrants is going to cause you to reach nonsensical conclusions

So you are arguing that search warrants are always rubber stamped?

Seemingly, in a public environment where search warrants and the justification for them is public, there is great pressure on the judge and law enforcement to act properly. No such check exists in the FISA system.

Think about the lax punishment of Brock Turner and all the attention it received. This is because the miscarriage of justice was public knowledge.

Behind closed doors people behave badly. There are numerous examples of this, including reproducible experiments.

Re: Rand Paul: NSA Routinely Monitors Americans’ Communications Without Warrants

#286

While this article offers the clearest presentation of the issue I've seen to date, I think the key point (which the article points out halfway in) is that the truth of Trump's claim that he was wiretapped does not depend on the presence or absence of a FISA warrant. The system is designed to be used without warrant, so those harping on the detail of whether or not a warrant existed that had Trump in scope are not fo…

The current system is worse than being designed to be used without warrant - it's explicitly setup to subvert the warrant process. Remember, FISA court proceedings are secret, and at least as of 2013 (I'm getting this info from Wikipedia), a massive 12 out of 35,529 FISA warrent requests were rejected.

> Remember, FISA court proceedings are secret, and at least as of 2013 (I'm getting this info from Wikipedia), a massive 12 out of 35,529 FISA warrent requests were rejected.

Yeah, that's a much higher rejection rate since 2003 than in the 24 previous years the court existed, when zero were denied. So, if the rate of rejections is a valid metric for how good the court is, with fewer rejections being worse, the process got better during the "War on Terror".

Re: Rand Paul: NSA Routinely Monitors Americans’ Communications Without Warrants

#287

Earlier quoted context omitted.

> The only pattern is this...his remarks during the campaign about wanting better relations with Russia were intended to stir the pot LOL. That's absurd on its face. His deference to Russia and Putin is complete and it's not just his public rhetoric, but backchannel nods that were not intended to be revealed for public shock or otherwise, and favorable RNC platform changes and beyond. And, all of this in the context…

> LOL. That's absurd on its face. His deference to Russia and Putin is complete... Just to be clear, there have been two factions in the US with respect to Russia after the wall came down. Obama did not view Russia as a threat and took significant criticism from those who did. The factions cross party lines. Rubio is vehemently (absurdly) anti-Russia, as is McCain. McCain called for escalation, perhaps military actio…

>Just to be clear, there have been two factions in the US with respect to Russia after the wall came down...Trump apparently shares Obama's...

That proposition treats the decades since the wall came down as static, without any action or directional policy shifts in Russia, U.S. or the world. You later acknowledge, without truly accounting for, dramatic events such as Russia's invasion of Ukraine, and direct attacks on U.S. democracy.

And, certainly, you don't expect anyone to believe that Trump and Obama share the same position with regard to Russia or, for that matter, that Trump's position (including rhetoric and concessions) are like those held by any serious U.S. official in that sphere. Whatever you think of their "hawkishness", HRC, McCain, etc. aren't the odd ones here. Your guy is.

In general, your recounting of recent history and your purported estimation of Trump's position and future intent leaves out an entire universe of conspicuously related facts; thus your conclusions are just wrong. Sprinkling in somehwat cogent nods to a few facets of the current geopolitical situation does nothing to obscure this.

Re: Rand Paul: NSA Routinely Monitors Americans’ Communications Without Warrants

#288

Earlier quoted context omitted.

Look at your posts in this thread. Then ask yourself who the "crazy" one is. Hint: it isn't the Republicans.

Sure. Now it's name calling. Great. You win.

Would you please stop using HN for partisan battle? That's emphatically not what this site is for.

https://news.ycombinator.com/newswelcome.html

https://news.ycombinator.com/newsguidelines.html

Re: Rand Paul: NSA Routinely Monitors Americans’ Communications Without Warrants

#289

Earlier quoted context omitted.

I'm not saying republicans are corrupt. Democrats are corrupt. I can work with corrupt. Republicans are crazy and dangerous. Keep fiddling while Rome burns. Hopefully no one will be aggressive to you...but then you never really had to worry about that did you?

Look at your posts in this thread. Then ask yourself who the "crazy" one is. Hint: it isn't the Republicans.

Would you please stop posting uncivil and/or unsubstantive comments to Hacker News? We ban accounts that do that.

Re: Rand Paul: NSA Routinely Monitors Americans’ Communications Without Warrants

#290

Earlier quoted context omitted.

> LOL. That's absurd on its face. His deference to Russia and Putin is complete... Just to be clear, there have been two factions in the US with respect to Russia after the wall came down. Obama did not view Russia as a threat and took significant criticism from those who did. The factions cross party lines. Rubio is vehemently (absurdly) anti-Russia, as is McCain. McCain called for escalation, perhaps military actio…

> Just to be clear, there have been two factions in the US with respect to Russia after the wall came down...Trump apparently shares Obama's... That proposition treats the decades since the wall came down as static, without any action or directional policy shifts in Russia, U.S. or the world. You later acknowledge, without truly accounting for, dramatic events such as Russia's invasion of Ukraine, and direct attacks…

> Your guy is.

I'm not defending Trump. His campaign strategy was to say somewhat ludicrous things and then when challenged, double down on them, thus amplifying the PR impact. To be quite clear, for every person who socially shared an article slamming one of Trump's ridiculous statements, perhaps 90% of their friends agreed, but the message also reached the 10% who approved of Trump's approach, or saw in it evidence he was not part of the establishment.

While I abhor Trump's approach of appealing to the worst parts of human nature (bigotry, fear, etc.) to rally support, it's sadly a very common technique used by politicians. HRC at one point in her career called for a "physical barrier" between the southern US and Mexico, and focused her talking points on "criminal aliens". Yes, HRC was playing to fear and bigotry when she said those things, just as Trump was when he called for a wall and described immigrants as "rapists". Trump brought a new level of crassness to something that had existed before but was spoken about in tones of moderation even though the intended audience read between the lines and found (and was animated by) the bigotry.

> you don't expect anyone to believe that Trump and Obama share the same position with regard to Russia

This is not the point of my comment. What I meant was that no president really has the power to dramatically shift US policy toward Russia, there are too many interest groups involved. The two main factions, those who are willing to accommodate Russia's adolescent mischief (led by strong man Putin taking the country for an authoritarian joy ride), and those who wish to send a signal that it will not be tolerated.

We've had 8 years of the former, during which time Putin has had quite a joy ride. Trump is inclined to let it continue, while HRC would likely have tried to put a stop to it one way or another. It's not clear Obama would do anything different than Trump in terms of policy. The revelations about alleged Russian meddling date back to July 2016, and according to the article you linked, it was known about for years prior. Yet Obama declined to impose sanctions, preferring instead some sort of back-channel communication (if any response at all).

Obama's decision to impose sanctions two weeks before the end of his term was likely a nod to the prevailing Democratic Party view, which Obama had not attempted to shape during the campaign. He had to be loyal to his party, and likely did the least consequential thing he could, sent a few people home and imposed sanctions that would be awkward for Trump to remove, etc.

So if you ignore Trump's rhetoric (as I think it is wise to ignore most of what politicians say, and instead focus on what they do), he is staying the course 100% with Obama's policy. Let's wait until there is actual policy change before concluding that he feels differently. We've seen him do a 180 on so many other campaign promises since taking office, why should Russia be any different?

> dramatic events such as Russia's invasion of Ukraine

US policy on this matter was set by president Obama and the congress at the time. The relevant before picture and after picture (in terms of US policy) have nothing to do with Trump unless he actually drives a policy change. There was a minority (including McCain, HRC, etc.) who harshly criticized Obama's inaction. This minority has become very vocal of late, and has attracted many HRC partisans to the chorus, but there is not really evidence that a majority of congress holds this view. Notably, the members of the GOP who are most vehement are the ones whose own opportunism calculus dictates that vocally calling out Trump on the issue suits their own personal objectives.

From a game theoretic perspective, I think the hawks may be right, though I personally hope we find a more peaceful, trade-driven equilibrium. I've worked with various Ukrainian and Russian software engineers before, and they are all nice, reasonable people who do not deserve to have the US launching missiles at them.

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