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United States Files Civil Lawsuit Against Edward Snowden

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Re: United States Files Civil Lawsuit Against Edward Snowden

#61
post #24

Earlier quoted context omitted.

Is there a constitutional right to privacy? Where is that enshrined? I say this as someone who values privacy for all.

Try the 4th Amendment: > The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

[deleted]

Re: United States Files Civil Lawsuit Against Edward Snowden

#62

Sadly, they will attempt to make an example out of Snowden to discourage anyone from EVER doing something like this again.

The thing people seem unable to do with Snowden is separate the intention of his actions with the impact. I have no doubt he had the right intentions. Informing the people of the gross violations of civil liberties is a noble endeavor. However, the impact that it had and the manner in which he conducted it, and the channels he went through to do so had a dramatically negative impact on sources and methods. Real peopl…

You should read the book... nobody was put in danger. Snowden is an American hero.

Re: United States Files Civil Lawsuit Against Edward Snowden

#63
post #42

Earlier quoted context omitted.

Try the 4th Amendment: > The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

If you're an originalist (and I'm not saying that I am), data in transmit is not necessarily protected by that amendment If your data has left your house, is it really your data, or is it Google's say?

Re: originalists:

The framers couldn’t’ve imagined the internet, and, despite that, what you say on the internet is protected by the first amendment as it is speech. Why would the fourth amendment be any different?

Re: United States Files Civil Lawsuit Against Edward Snowden

#65

Earlier quoted context omitted.

> If anything, it's Classic POTUS, as his predecessor attempted to prosecute more whistleblowers under the Espionage Act than all prior POTUS' combined. It should be noted that "all prior POTUS' combined" winds up being four prosecutions since 1945 prior to Obama. Double of nearly-zero is still nearly-zero. https://www.politifact.com/punditfact/statements/2014/jan/10...

Seven of the eleven prosecutions under the act since its passing in 1917. It was intended to be a rare power. We shouldn't try to diminish that. That administration also grossly misused their Section 702 powers passed with the 2008 FISA ammendments as well. https://www.newamerica.org/oti/blog/history-fisa-section-702...

> It was intended to be a rare power.

I'm making the case that less than one a year in a population of 300+ million is, indeed, rare.

Re: United States Files Civil Lawsuit Against Edward Snowden

#66
post #32

Earlier quoted context omitted.

Rightly or wrongly, that is not a part of the SF86 form when one applies for a clearance. The SF86 form offers no leeway for moral objections. So in such a scenario, it would be better to not submit the SF86 form in the first place. The only people I'm aware of that can publish classified information without punishment are journalists.

I see the same issue with the other debate raging on HN: Stallman and Free Speech. The issue is that people -- not sure whether it was OP, or you -- conflate what is moral with what is legal. One person starts off with a moral premise: people should have free speech, or people should have the right to say what the government is doing. Someone else responds with what is legal : the law applies to government curtailmen…

I agree with your observation and statement, but also want to add there is a moral argument that if one objects to a law or a contract, one should remove oneself from under it (leave the country/company) rather than break it, even if the law itself is immoral.

Not that I'm arguing one way or another how that applies in this situation, though.

Re: United States Files Civil Lawsuit Against Edward Snowden

#67

Sadly, they will attempt to make an example out of Snowden to discourage anyone from EVER doing something like this again.

The thing people seem unable to do with Snowden is separate the intention of his actions with the impact. I have no doubt he had the right intentions. Informing the people of the gross violations of civil liberties is a noble endeavor. However, the impact that it had and the manner in which he conducted it, and the channels he went through to do so had a dramatically negative impact on sources and methods. Real peopl…

If whistleblowers weren’t so often targeted by the government in retaliation or to silence, your argument would have merit.

Re: United States Files Civil Lawsuit Against Edward Snowden

#68
post #42

Earlier quoted context omitted.

Try the 4th Amendment: > The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

If you're an originalist (and I'm not saying that I am), data in transmit is not necessarily protected by that amendment If your data has left your house, is it really your data, or is it Google's say?

Among others, Neil Gorsuch is one originalist-friendly justice who has strongly argued against this interpretation of the 4th Amendment in a modern data transmission context.

Re: United States Files Civil Lawsuit Against Edward Snowden

#69
post #42

Earlier quoted context omitted.

If you're an originalist (and I'm not saying that I am), data in transmit is not necessarily protected by that amendment If your data has left your house, is it really your data, or is it Google's say?

Re: originalists: The framers couldn’t’ve imagined the internet, and, despite that, what you say on the internet is protected by the first amendment as it is speech. Why would the fourth amendment be any different?

[deleted]

Re: United States Files Civil Lawsuit Against Edward Snowden

#70
post #32

This is the "It is illegal to inform the citizen base that the government has removed their constitutional right" lawsuit. The NSA and FBI removed every US citizen of their constitutional right, to privacy. Edward Snowden informed the US citzen base on their constitutional rights being removed. This lawsuit is the government saying it is illegal for any US citizen to inform all other citizens when the government remo…

Rightly or wrongly, that is not a part of the SF86 form when one applies for a clearance. The SF86 form offers no leeway for moral objections. So in such a scenario, it would be better to not submit the SF86 form in the first place. The only people I'm aware of that can publish classified information without punishment are journalists.

Acting members of Congress can do it in a roundabout way, as long as they do it while speaking on the floor. Anything they says becomes part of the Congressional Record, which is available to the public and de facto unclassified.
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