United States Files Civil Lawsuit Against Edward Snowden
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Re: United States Files Civil Lawsuit Against Edward Snowden
#122Re: United States Files Civil Lawsuit Against Edward Snowden
#123Earlier quoted context omitted.
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.
> 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. There may exist a moral argument, but it's pretty easy to disprove that argument: In Nazi Germany, this principle would leave one to just leave Nazi Germany,…
That maybe has some implicit assumptions. If the entire populace of German adopted what you call the "principle", Germany would have fallen much faster and with less bloodshed.
Regardless...moral choices are usually pitted against other moral choices and that's part of what shapes our moral "fiber", for lack of better vocabulary. To do something or do nothing, both have risk analysis. Mostly, we do our best with what we have learned...which also greatly influences what we imagine for the future.
Re: United States Files Civil Lawsuit Against Edward Snowden
#124This seems like targeted harassment. Are those NDA's even valid anymore?
IANAL, nor have I read the NDA's (I'm hoping they will be publicly released as part of discovery) but I doubt NDA's with either the NSA or CIA will have an expiry date. A breach of contract on the plaintiff's side could but not necessarily will nullify the NDA. The best outcome for Snowden I think would be if he can demonstrate a greater good, IE: that breaking this contract prevents a larger crime, that would be up…
Re: United States Files Civil Lawsuit Against Edward Snowden
#125This 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…
Re: United States Files Civil Lawsuit Against Edward Snowden
#126Disclaimer: I'm just a ingorant non-lawyer non-american. Wouldn't a great defense here be that the NDAs shouldn't be enforced because the actions covered were criminal? I mean, isn't that standard with NDAs?
Whistleblower laws allow you to blow the whistle to a government agency , not to the press or the public in general.
Graciously give them six months to clean up their act, and they will instead use it to clean up their mess--which is actually just you. Publish afterward, and you will find that the plan to discredit and humiliate you was already loaded and ready to fire.
Re: United States Files Civil Lawsuit Against Edward Snowden
#127Earlier quoted context omitted.
You should read the book... nobody was put in danger. Snowden is an American hero.
You should talk to an actual intelligence officer or two. I have, which is where I got that impression from.
Re: United States Files Civil Lawsuit Against Edward Snowden
#128Earlier quoted context omitted.
Inspectors can and do inspect the contents many types of mail, though, so I'm not sure this example is a good one for those championing privacy... To elaborate: when using the US Postal Service, only domestic "First Class Mail" and "Priority Mail" (these are different and distinct from standard mail) is protected and requires a probable cause warrant to open and inspect. Other types of mail, as well as all packages s…
fuzz4lyfe > When you send a letter it does not belong to the post office while in transit txcwpalpha > Inspectors can and do inspect the contents... of mail txcwpalpha > ...for packages There's a scarecrow argument if I've ever seen one. Someone says A is 1. You say A isn't 1 because AB is 2. Sneaky. There certainly is an expectation of privacy in my mail CORRESPONDENCE (which is what this whole thing is about... com…
The point is that there is already a determination that not all items sent through mail services have an expectation of privacy. If we're drawing a parallel between physical mail and e-mail, this lends to the belief that such a determination could also be made for items sent through electronic media, especially items sent through electronic media that is owned by private companies (ISPs), similar to how private shipping companies do not provide 4th amendment protection.
>There certainly is an expectation of privacy in my mail CORRESPONDENCE
Not all mail correspondence, which is the point. If you send a letter through USPS standard mail, there is no expectation of privacy. If you send a document through UPS, there is no expectation of privacy.
Also, you're getting hung up on the usage of the words "package" vs "correspondence" vs "mail" vs "letter". This is an unnecessary distinction. A letter is just a "package" that contains paper with information on it. The law doesn't see a difference. In my original comment, you should read the words package/letter/mail/correspondence interchangeably.
Re: United States Files Civil Lawsuit Against Edward Snowden
#129”The United States’ lawsuit does not seek to stop or restrict the publication or distribution of Permanent Record. Rather, under well-established Supreme Court precedent, Snepp v. United States, the government seeks to recover all proceeds earned by Snowden because of his failure to submit his publication for pre-publication review in violation of his alleged contractual and fiduciary obligations.” What? Either he re…
As alleged, Snowden signed a contract where he agreed to do certain things, X, for the right to do Y. He did Y but then didn't do X. And now the counterparty is suing for damages under the contract.
The US government has limited power to stop publication, so all Snowden had to due was submit the manuscript for review, reject any requested changes, and then go ahead and publish the book in its original form.
Re: United States Files Civil Lawsuit Against Edward Snowden
#130Disclaimer: I'm just a ingorant non-lawyer non-american. Wouldn't a great defense here be that the NDAs shouldn't be enforced because the actions covered were criminal? I mean, isn't that standard with NDAs?
Whistleblower laws allow you to blow the whistle to a government agency , not to the press or the public in general.