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Judge dismisses Wikimedia case against NSA over Upstream surveillance

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Re: Judge dismisses Wikimedia case against NSA over Upstream surveillance

#71

Why can’t there be an independent party with top secret clearance do a code inspection and see if the hypothetical theory holds water? It seems like there should be a way to testify about it without compromising secrets.

The problem is that those get stacked with defense hawks not civil liberty activists and you're back to square one.

Re: Judge dismisses Wikimedia case against NSA over Upstream surveillance

#72

From the article: "Judge Ellis said: "For Wikimedia to litigate the standing issue further, and for defendants to defend adequately in any further litigation, would require the disclosure of protected state secrets, namely details about the Upstream surveillance program's operations. For the reasons that follow, therefore, the standing issue cannot be tried, or otherwise further litigated, without risking or requirin…

> It's a frustrating situation because intelligence agencies obviously do need to keep secrets while at the same time they can use this as justification to keep anything they want secret, even when there is no real national security concern with revealing the information. I agree and think the way to improve this is to codify into the relevant laws that: 1. If the government claims "state secrets" they have a burden…

We have FISA courts which allow the government to file charges against a private individual in a way that protects state secrets. Why are citizens not allowed to use these same FISA courts to file suit against the government? With properly authorized attorneys representing both sides cases involving state secrets can be argued. Not allowing citizens to bring cases to these courts is to create two forms of law: one for the people and another sort of law only available to the government to be used against the people. Certainly there must be some standard that says the law must be available to all people or else it isn't justice.

Re: Judge dismisses Wikimedia case against NSA over Upstream surveillance

#73

Earlier quoted context omitted.

Why is this comment being downvoted? What alternatives are there other than achieving meaningful representation in government e.g. Congress?

It's being downvoted because it's utterly fallacious. The democratic process has been captured by mass media and turned into a simulation of choosing change. Divisive bikesheds are played up to the max, while the fundamental substantive issues like this are off the discussion table. Any candidate that dares to break rank and bring them up gets labeled "fringe" and memory-holed by the maintream media. The ultimate alt…

This but it is not only traditional media gatekeeping. Google pulled the plug on Tulsi Gabber's ad account without explanation and she is suing Google over it.

"Google ad set up got them approved everything was ready to rock and roll I was the most googled candidate of the night as I have been for every debate that I've participated in the issue was during that first debate you know what while that peak period was happening our Google ad account was suspended by Google with no explanation whatsoever."

https://www.youtube.com/watch?v=w5o-zqII6eQ

Re: Judge dismisses Wikimedia case against NSA over Upstream surveillance

#74

From the article: "Judge Ellis said: "For Wikimedia to litigate the standing issue further, and for defendants to defend adequately in any further litigation, would require the disclosure of protected state secrets, namely details about the Upstream surveillance program's operations. For the reasons that follow, therefore, the standing issue cannot be tried, or otherwise further litigated, without risking or requirin…

>It's a frustrating situation because intelligence agencies obviously do need to keep secrets

They have abused the power to such an extent I think it reasonable they be stripped of it. It is like taking away a person's rights to own a gun after they commit a violent crime with one. Regardless of what arguments can be made that they need one, their past abuse means the need is now completely ignored.

Re: Judge dismisses Wikimedia case against NSA over Upstream surveillance

#75

Earlier quoted context omitted.

> Edward Snowden did not go through the proper channels. If he had, doing so would not have led to his prosecution. I'm not sure why you're so trusting of the government that is openly admitting they are unwilling to release their secrets, and not only that but the court system is designed to protect this. From what I heard, he tried to go through the proper channels, and was rebuffed. So it's his word against the go…

If you go through the proper whistleblowing channels and get nowhere, it simply means that whatever it is you tried to blow the whistle on, isn't illegal, unethical, or unconstitutional. You humbly recognize that you were wrong, and go back to work. You don't start betraying your country and flee in the arms of the enemy.

> You don't start betraying your country

I consider Edward Snowden the most patriotic American in my life time. The fact that you consider someone revealing the government not only lying under oath, but eroding our 4th Amendment rights to be a traitor is just mind boggling. Our nation was founded by rebels fighting for greater freedoms, after all. Edward Snowden is simply allowing the public to be more educated about the government in hopes they might enact change. He gave up his citizenship fighting for what he believed in, and it was the US government that villified him.

Whenever an organization is secretive, it is only for that organization to protect itself. I've never once encountered an exception to that rule (although I do believe some must exist).

I just don't understand why you assume the government is trustworthy, when there is extraordinary evidence of them deceiving the public time and time again. This same line of reasoning is what led to the 737-MAX disasters - whistle blowers were ignored and people literally died as a result. The only difference is you assign some sort of authority to the government that makes them infallible.

Re: Judge dismisses Wikimedia case against NSA over Upstream surveillance

#76

Earlier quoted context omitted.

> Edward Snowden did not go through the proper channels. If he had, doing so would not have led to his prosecution. I'm not sure why you're so trusting of the government that is openly admitting they are unwilling to release their secrets, and not only that but the court system is designed to protect this. From what I heard, he tried to go through the proper channels, and was rebuffed. So it's his word against the go…

If you go through the proper whistleblowing channels and get nowhere, it simply means that whatever it is you tried to blow the whistle on, isn't illegal, unethical, or unconstitutional. You humbly recognize that you were wrong, and go back to work. You don't start betraying your country and flee in the arms of the enemy.

Snowden, being a contractor, didn't have whistleblower protections. In spite of that, he did escalate the issues he saw (Clapper openly perjuring himself before Congress), and was rebuffed. Since he leaked it, the courts have since found that the NSA was in fact violating the Constitution.

I would say the facts openly disagree with your assertation that if the whistleblower protections aren't enough, then it means the government isn't doing anything wrong.

Re: Judge dismisses Wikimedia case against NSA over Upstream surveillance

#77

From the article: "Judge Ellis said: "For Wikimedia to litigate the standing issue further, and for defendants to defend adequately in any further litigation, would require the disclosure of protected state secrets, namely details about the Upstream surveillance program's operations. For the reasons that follow, therefore, the standing issue cannot be tried, or otherwise further litigated, without risking or requirin…

>It's a frustrating situation because intelligence agencies obviously do need to keep secrets They have abused the power to such an extent I think it reasonable they be stripped of it. It is like taking away a person's rights to own a gun after they commit a violent crime with one. Regardless of what arguments can be made that they need one, their past abuse means the need is now completely ignored.

The limit is that you have actual secrets to protect, whether codes or names. You don't want these public because everyone could destroy you then. Secrets are a necessary evil. Managing secrecy as a function of some more or less independent entity — three-letter agency, direct governmental body, army... — is a balancing act, to put it mildly. Ever since the dawn of time, and periodically throughout history, you hear this tension between the visible power (gov) and the hidden figures ("deep state", when some independent agency grabs too much power, and they all do, that's how they 'die' and get reformed historically).

This is one of the oldest and hardest problem in managing a 'country', a vast group of people, in the face of potentially hostile foreign powers and nefarious actors in general (including, and sometimes especially, within).

I feel our epoch (with internet, mobile, 24/7 on, hyperbuzz, etc) is vastly increasing the complexity and difficulty of this topic. It's likely to make those in charge of secrets paranoid, with reason, even assuming the best of intents.

TL;DR: wish it were as simple as that.

Re: Judge dismisses Wikimedia case against NSA over Upstream surveillance

#78
post #42

Earlier quoted context omitted.

I read that quote as Ellis siding with El-Masri (notwithstanding that he still ruled invocation of state secrets as valid) - how do you read it?

I read it the same way, and I don't see how one would read it any other way? Removing the qualifiers - "If El-Masri's allegations are true [..], then all fair-minded people[..], must also agree that El-Masri has suffered injuries as a result of our country's mistake and deserves a remedy."

The quote there is just the recognition by him that the CIA committed crimes. The context of the rest of the decision still finding for the CIA is the half that you're missing.

Re: Judge dismisses Wikimedia case against NSA over Upstream surveillance

#79

From the article: "Judge Ellis said: "For Wikimedia to litigate the standing issue further, and for defendants to defend adequately in any further litigation, would require the disclosure of protected state secrets, namely details about the Upstream surveillance program's operations. For the reasons that follow, therefore, the standing issue cannot be tried, or otherwise further litigated, without risking or requirin…

> It's a frustrating situation because intelligence agencies obviously do need to keep secrets while at the same time they can use this as justification to keep anything they want secret, even when there is no real national security concern with revealing the information. I agree and think the way to improve this is to codify into the relevant laws that: 1. If the government claims "state secrets" they have a burden…

> 1. If the government claims "state secrets" they have a burden of proof to demonstrate a reasonable probability of specific and tangible harm actually occurring.

This is a terribly bad idea, if you consider the Curry-Howard-correspondance between proof and programm, and the constructive logic approach of proof by construction. That's a stretched metaphor, perhaps, but it's very real, considering that one often waits how things play out.

Just like wikipedia let's everyone edit, see how it turns out, and revert later--which can be messy or impossible if several legit edits were made meanwhile.

Re: Judge dismisses Wikimedia case against NSA over Upstream surveillance

#80
post #53

From the article: "Judge Ellis said: "For Wikimedia to litigate the standing issue further, and for defendants to defend adequately in any further litigation, would require the disclosure of protected state secrets, namely details about the Upstream surveillance program's operations. For the reasons that follow, therefore, the standing issue cannot be tried, or otherwise further litigated, without risking or requirin…

Congress could rule that the copying/filtering method is illegal and that Henning’s method of mirroring is the only acceptable practice. Then we don’t care so much about the specific means. I’m not a huge fan of ombudsman/czar positions but I think it would make sense to have some sort of privacy advocate within the executive and maybe even a house committee on the topic. It’s abundantly clear at this point that when…

What's Henning’s method of mirroring? Couldn't find it with a quick google.
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