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Obama’s crackdown views leaks as aiding enemies of U.S.

mcclatchydc.com

171–180 of 226 posts

Re: Obama’s crackdown views leaks as aiding enemies of U.S.

#171

I suggest that, on the question prominent in this thread, "what should the US do about terrorism and the claimed excesses of the NSA", there is now an answer that is unavoidable, rock solid, quite clear, maybe crystal clear, even if it does not address all concerns. Here in logical steps is the unavoidable answer: (1) Due to whatever in history before 1776, the US founding fathers gave us the Constitution. Soon they…

I am sure you meant well but I found your write-up somewhat scattered and lacking a logical conclusion supported by prior points. This is easy to do if one is writing with passion. I've done it too. If your point is that we will ultimately be protected by the Supreme Court, I think you are wrong. This is the same Supreme Court that enabled Obamacare, a law that allows the Federal Government to force every american to…

There is a stark difference, though, between a law which merely (allegedly) distorts economic behavior, and one that affects privacy. The former is only vaguely addressed in the Constitution, in the form fo the 9th and 10th Amendments, and even then the Commerce Clause gives the federal government much power in this arena. The latter, however, is very specifically addressed in the 4th Amendment, and there is no catch-all like the Commerce Clause that would undermine it.

Re: Obama’s crackdown views leaks as aiding enemies of U.S.

#172

I suggest that, on the question prominent in this thread, "what should the US do about terrorism and the claimed excesses of the NSA", there is now an answer that is unavoidable, rock solid, quite clear, maybe crystal clear, even if it does not address all concerns. Here in logical steps is the unavoidable answer: (1) Due to whatever in history before 1776, the US founding fathers gave us the Constitution. Soon they…

I am sure you meant well but I found your write-up somewhat scattered and lacking a logical conclusion supported by prior points. This is easy to do if one is writing with passion. I've done it too. If your point is that we will ultimately be protected by the Supreme Court, I think you are wrong. This is the same Supreme Court that enabled Obamacare, a law that allows the Federal Government to force every american to…

> We had to pass it to find out what's in it

Er, is it so amazing that you have execute code and see the results of the running process before you can really find the bugs?

Re: Obama’s crackdown views leaks as aiding enemies of U.S.

#173
post #145

Denying the right of "We the People" to know what is being done in OUR name is anathema to the ideal of "the consent of the governed." Unfortunately there are many who believe that because of the ethnicity of the POTUS he can do no wrong. I spoke to a neighbor yesterday who is a staunch Obama supporter and he parroted the Cheney line completely. When I mentioned the Bill of Rights he justified the spying as a necessa…

Can you specifically mention what "ethnicity" the president has that prevents criticism of his behavior?

Re: Obama’s crackdown views leaks as aiding enemies of U.S.

#174

I suggest that, on the question prominent in this thread, "what should the US do about terrorism and the claimed excesses of the NSA", there is now an answer that is unavoidable, rock solid, quite clear, maybe crystal clear, even if it does not address all concerns. Here in logical steps is the unavoidable answer: (1) Due to whatever in history before 1776, the US founding fathers gave us the Constitution. Soon they…

"The founding fathers made sure that the Supreme Court was not just a bunch of kids playing tag on a playground." The founders actually chose to be extremely vague as to the exact role and powers of the court and for the first several decades of the US, SCOTUS was irrelevant and weak. The Court led by Chief Justice John Marshall, solidified its role as the third check on federal power. http://en.wikipedia.org/wiki/Ma…

Thanks for the link. So, Marbury was decided in 1803 and, thus, added weight to the (by then already old) concept of 'judicial review' where a court can declare a law unconstitutional.

While IANAL (although my brother got his Ph.D. in con-law), I would guess that by now just how the SCOTUS could strike down a law is well established. History aside, apparently the situation now is that the SCOTUS can strike down a law as unconstitutional and the rest of government and the citizens will accept that decision.

Re: Obama’s crackdown views leaks as aiding enemies of U.S.

#175
post #164

Earlier quoted context omitted.

Simple proposal that I think everyone would agree is preferable to what the NSA is currently up to: What the NSA is doing, but properly implementing mandatory access control (like what they added to Linux over a decade ago with SELinux) to ensure that admins do not have more access than they should. That said, I'm not eager to let them define the Overton window and just settle for that - I'm leaning a little further…

I'd even add more technical controls on top of accountability/oversight compliance organizational changes: - Any data collected under a general warrant is encrypted immediately. - Access to this data is audited to a WORM-style server. - Decrypting the data requires 2 persons to provide a key (I believe there are crypto schemes that do this in the literature; if not I'm sure NSA could figure it out). - The process tha…

I agree with everything here. Given a free hand, I'd likely go significantly further. I was simply proposing the simplest, smallest change that I think everyone serious would agree an improvement over what has been implemented. I don't think it's anywhere near enough.

Re: Obama’s crackdown views leaks as aiding enemies of U.S.

#176

Earlier quoted context omitted.

There is nothing I read of him that I didn't utterly love, so I'd recommend whatever is easily obtainable, it's all good. But "The Sane Society" particularly comes to mind.

His 'The Art of Loving' was hands down one of the best things I ever read. He explained a lot to me about people, motivations, personality, women, etc. A lot . Some of his explanations were shockingly succinct but from decades of my checking empirically right on target. To me in that book, he is fully credible. I can guess how he got the insights: Be a bright guy, have a good background in what was known, at least em…

Before reading Fromm, I never thought about the difference between having and being; but once seen it can hardly be unseen. Like when he talks about idolatry or God, with a point and seriousness and as atheist, or the distinction between necrophilia and love of life -- before Fromm necrophilia was something out of gross jokes to, not anything I could seriously ponder, but now I'm thinking we're just so deep into all that, so deep down the rabbit hole, that the truth hurts too much, but he never exaggerated even one bit.

for example ( from http://www.youtube.com/watch?v=psVNR51ctdc&t=33m28s ) :

[..] if one is in touch with one's own unconscious reality, I think one would have to admit that in all of us there is a piece of Eichmann, and if you ask why, on what basis do I say this, then I would ask you wether you have lost your appetite when you read that in India people were starving, or wether you have gone on eating. As soon as you have not lost your appetite, when you knew other people were starving, then your heart has hardened, and in principle, you have done the same which Eichmann did.

Nobody wants to hear that. I don't want to hear it either. If I read it in a book which otherwise is telling me many things that are obviously wise and come from a good motivation, I can ponder it. If someone just says that about me, to my face, I defend myself before I fully heard what was said. But it's true.

He goes on:

I don't think, that if we are really in touch with the inner reality of ourselves, that there is any crime, or perhaps any virtue, which we cannot discover in ourselves. We shut ourselves [off] from the awareness of our inner reality, we project the evil to our opponents and enemies, and believe that the good is in ourselves; indidivually, nationally, and group-wise in general.

But if you can really see that every one of us, carries all of humanity, the good and the evil, within himself, then indeed is very hard to be a fanatic, then indeed it's very hard to be a judge, then indeed would follow, a deep understanding, if not love, of your fellow man. Which is part of being truly a person.

Bam. Consider how far this is from the maturity of our so called leaders and us, how far away from even our highest standards. The fact that this stuff comes across as cheesy rhetoric so easily, is just testament to how lost we are.

Sorry for rambling, but I can't deny it, I love that dude, and I honestly think everybody should at least try to read him because they might, too.

Re: Obama’s crackdown views leaks as aiding enemies of U.S.

#177

I suggest that, on the question prominent in this thread, "what should the US do about terrorism and the claimed excesses of the NSA", there is now an answer that is unavoidable, rock solid, quite clear, maybe crystal clear, even if it does not address all concerns. Here in logical steps is the unavoidable answer: (1) Due to whatever in history before 1776, the US founding fathers gave us the Constitution. Soon they…

I am sure you meant well but I found your write-up somewhat scattered and lacking a logical conclusion supported by prior points. This is easy to do if one is writing with passion. I've done it too. If your point is that we will ultimately be protected by the Supreme Court, I think you are wrong. This is the same Supreme Court that enabled Obamacare, a law that allows the Federal Government to force every american to…

> I am sure you meant well but I found your write-up somewhat scattered and lacking a logical conclusion supported by prior points. This is easy to do if one is writing with passion. I've done it too.

IANAL! But my 'point' is that there is a process of bringing cases, claims of unconstitutionality, to the SCOTUS and now that process has started. There will be the issue of a plaintiff having 'standing' to bring the case, but maybe now 120 million Verizon customers have such standing; if not, likely still Google does. At this point, someone's gotta have enough standing.

Then the 'conclusion' is that in 1-2 years we will find out what the SCOTUS wants to do about what appear to be laws enabling serious violations of at least the Fourth Amendment.

To respond to much of the discussion in this thread, I made a side point that it is the job of the SCOTUS to defend the Constitution and not to permit bending the Constitution so that the Executive branch can find it easier to go after bad guys. So, in particular, a lot of the discussion here about just how we will get the bad guys will mostly just be set aside during this process and mostly the SCOTUS will not be much influenced by that consideration. Sure, maybe some Admin lawyer can argue something about 'treason' or "the Constitution is not a suicide pact", but my guess is that the main issue will be just a simple, clear protection of at least the Fourth Amendment. SCOTUS is interested in defending the Constitution and not much interested in how to stop Boston wackos with pressure cookers.

For a longer term 'conclusion', I pointed out that if after the SCOTUS decision the citizens still want NSA listening in on pillow talk, steamy e-mails, tracking people to their romantic meetings, etc., then we can try to amend the Constitution.

> If your point is that we will ultimately be protected by the Supreme Court, I think you are wrong.

No, in simplest terms the process has started; likely nothing can stop it; SCOTUS will make a decision, in all likelihood defending the Constitution; and then we will see where we stand.

That this process will move inexorably to a solid (the other two branches won't argue with it) conclusion is, in the context of much of the discussion in this thread, quite significant: Or, we can discuss this and that issue and fine point and what if, but, still, this unstoppable process will move to its conclusion which promises to be quite meaningful.

For being "protected", I see no alternative to the usual from Jefferson

"The price of liberty is eternal vigilance".

For Obamacare, I don't know what the legal status is or what cases have been decided.

For me, my guess is just that Obamacare is so poorly designed that too soon so many people will be screaming bloody murder, especially appropriate in the context, that Congress will just repeal it.

I don't think that Obamacare was ever a serious attempt to help the US healthcare system but just some political posturing -- Nancy had a really good time, a lot of fun. She had the smile of a Homecoming Queen. Now that she's had her good time, we can go back to reality.

Obama? He knows nothing about Obamacare: How do we know? Because during his efforts at helping it pass, too soon he said things that were really dumb, got slapped down hard, and then just shut up. In particular, at one point the US College of Surgeons put out that what Obama said was "uninformed, misinformed, just plain wrong, and dangerous". And that caused Obama to shut up. One more point was, one of his tear jerk cases said that due to her existing bad health she couldn't get insurance. Nonsense: All she had to do was move to a state with 'community rating', e.g., as I've been told, NYS. Obama's interest in Obamacare was about political posturing, not healthcare. Also someone from Arkansas, maybe Bill Clinton, said that Arkansas had a program for people like her.

If the IRS comes after many people, Obamacare will go down in flames.

But for SCOTUS and Obamacare, that case is less clearly about the Constitution than the attack on the Fourth Amendment by grabbing all that Verizon data.

Re: Obama’s crackdown views leaks as aiding enemies of U.S.

#178

Earlier quoted context omitted.

I am sure you meant well but I found your write-up somewhat scattered and lacking a logical conclusion supported by prior points. This is easy to do if one is writing with passion. I've done it too. If your point is that we will ultimately be protected by the Supreme Court, I think you are wrong. This is the same Supreme Court that enabled Obamacare, a law that allows the Federal Government to force every american to…

There is a stark difference, though, between a law which merely (allegedly) distorts economic behavior, and one that affects privacy. The former is only vaguely addressed in the Constitution, in the form fo the 9th and 10th Amendments, and even then the Commerce Clause gives the federal government much power in this arena. The latter, however, is very specifically addressed in the 4th Amendment, and there is no catch…

Nice.

Re: Obama’s crackdown views leaks as aiding enemies of U.S.

#179

I suggest that, on the question prominent in this thread, "what should the US do about terrorism and the claimed excesses of the NSA", there is now an answer that is unavoidable, rock solid, quite clear, maybe crystal clear, even if it does not address all concerns. Here in logical steps is the unavoidable answer: (1) Due to whatever in history before 1776, the US founding fathers gave us the Constitution. Soon they…

This language ("aiding enemies of the US") is going to be specifically used to justify calling leakers "treasonous". The words are directly lifted from Article III of the constitution, part of which outlines what it means to commit treason. There are certainly holes in the constitution, which over time politician and bureaucrats always find a way to "hack" their way into securing more powers for themselves, such as t…

In theory, the supreme court should see through "loop holes" and interpret the meaning of the constitution, not just the words.

Re: Obama’s crackdown views leaks as aiding enemies of U.S.

#180
post #138

reminds me off the Hermann Goering quote from the Nuremberg trial in 1947. "Why of course the people don't want war. Why should some poor slob on a farm want to risk his life in a war when the best he can get out of it is to come back to his farm in one piece? Naturally the common people don't want war neither in Russia, nor in England, nor for that matter in Germany. That is understood. But, after all, it is the lea…

That's a bit simplistic, no? Sure, you might only come back to your farm in one piece, but what if the alternative to going to war is never coming back to your farm? What if it means leading a life that is far worse that what you currently have?

> That's a bit simplistic, no?

The art of good propaganda is simplicity. The aim is to convince the masses, not confuse them.

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