Bwah?[China has] a spirited commitment to free speech and the right of political dissent.
He went to Hong Kong.I think he did a great thing bringing this to light. The one quote from that article that really confused me.
Bwah?
He chose the city because "they have a spirited commitment to free speech and the right of political dissent", and because he believed that it was one of the few places in the world that both could and would resist the dictates of the US government.
Yeah, but the phrasing in Tress's article isHe went to Hong Kong.
Which is true. Not only does Hk value free speech, but they'd probably also wouldn't mind thumbing their nose at the US government either.
Which deservedly gets a few double-takes.He said he chose China because "they have a spirited commitment to free speech and the right of political dissent."
Seems the 五毛党 work for Yahoo too.Yeah, but the phrasing in Tress's article is
Which deservedly gets a few double-takes.
The guardian article makes it clear he said Hong Kong, and I believe they are the ones he approached.Yeah, but the phrasing in Tress's article is
Which deservedly gets a few double-takes.
http://www.law.cornell.edu/uscode/text/18/2381Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States.
He's been very open in his motivations and decision making process, while you can say he gave Aid and Comfort to our enemies, it has to be in adhering to them, which is certainly not the case. Then again I'm no lawyer or even a Constitutional Scholar.Article III Section 3 of the U.S. Constitution said:Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.
The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.
This isn't a shadowy conspiracy anymore. This is just stone, bold-faced fact at this point, and not in dispute by anyone.The conspiracy guy in me
It brings to forefront the question of what treason is. If you're patriotic to your country, and want its fundamental principals upheld, is that treason? Or more specifically, if you expose laws that are probably unconstitutional, how is that treason? It's against the sitting government, but not against the country I think you could argue.The conspiracy guy in me worries that the government is collecting data to crush it's enemies (J. Edgar style). For this, I think this guy is a hero, cause the government doesn't need more power.
The lawful neutral part of me thinks that this dude broke the law and should pay some sort of penalty.
However, who is watching the Watchmen?
The United States Constitution specifically defines treason (The only crime defined and laid out in the constitution), and intent to harm in service of enemies of the states is required. This is a very important definition.It brings to forefront the question of what treason is. If you're patriotic to your country, and want its fundamental principals upheld, is that treason? Or more specifically, if you expose laws that are probably unconstitutional, how is that treason? It's against the sitting government, but not against the country I think you could argue.
The first is way more broad, and interesting, though can cover some heinous things potentially. The second is more specific to this case, and harder to argue IMO.
My point being that the definition linked above, which I'm sure is directly from the text of your constitution, leaves open the idea that the current government could be an enemy of the USA. Thus wouldn't even working for/with them be treason, from a certain point of view?The United States Constitution specifically defines treason (The only crime defined and laid out in the constitution), and intent to harm in service of enemies of the states is required. This is a very important definition.
Just because it is the current sitting government, that does not make it above this oath. Nixon was wrong. If it is illegal, it is illegal. Doesn't matter if it's the president or not. And throwing lines like "protecting America", "keeping us safe", and "the average citizen has nothing to fear" is at best pure political cowardice.I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic
I agree. Reminds me of this quote: "Where the people fear the government you have tyranny. Where the government fears the people you have liberty." - BarnhillAnd throwing lines like "protecting America", "keeping us safe", and "the average citizen has nothing to fear" is at best pure political cowardice.
What's that quote from Benjamin Franklin? Something like "Anyone who would give a little liberty to gain a little security deserves neither and will lose both."
Benjamin Franklin said:Republics and limited monarchies derive their strength and vigor from a popular examination into the action of the magistrates.
Well yeah, how else are we going to build a time machine?But I do need weapons-grade plutonium, tyrant.
And he should be punished for it.I'm tired of the big blackbox'o'government. This guy did the right thing.
This needs to be re-quoted because you said it so well. That IS one of the bigger problems with it.The really, really fun thing about this type of secrecy is that it requires ongoing secrecy. If you are taken to court or investigated under it, then anyone involved becomes gagged. Thus there is no way to fight back about it publicly.
So we can never find out if it is affecting innocent people, even though they are innocent and their rights are being trampled and lives ruined, they can't talk about it, unless they do want to face prison for commiting the crime of speaking out against government corruption.
The military side of you shouldn't say that. Or oath is to support and defend the constitution from all enemies foreign and domestic. What this administration is doing goes against that oath specifically the the fourth amendment so you should be defending him.I agree with stienman. The dude broke some serious laws against his access level that may well border on the treasonous. On the other hand, the things he is releasing is very, very important to the American citizen. So the military guy in me is saying, "Charge him!" and the citizen side of me is saying, "Give Obama's Nobel Peace Prize because that dude hasn't done shit to earn it."
It doesn't matter if it's only affecting those guilty. If it is targeting any American citizen without a warrant being g issued then it is illegalThat's one of the reasons it's so insidious, and why Obama is admitting it while saying, "if Americans don't trust the government, then we're going to have some problems."
He's honestly going for the, "the innocent need not worry" angle, and people at buying it.
The really, really fun thing about this type of secrecy is that it requires ongoing secrecy. If you are taken to court or investigated under it, then anyone involved becomes gagged. Thus there is no way to fight back about it publicly.
So we can never find out if it is affecting innocent people, even though they are innocent and their rights are being trampled and lives ruined, they can't talk about it, unless they do want to face prison for commiting the crime of speaking out against government corruption.
You seen B5? Sheridan says this almost verbatim (the first part I mean) when he's starting to take out the tyrannical government.The military side of you shouldn't say that. Or oath is to support and defend the constitution from all enemies foreign and domestic. What this administration is doing goes against that oath specifically the the fourth amendment so you should be defending him.
Not necessarily.It doesn't matter if it's only affecting those guilty. If it is targeting any American citizen without a warrant being g issued then it is illegal
(source)...they don’t need a warrant to get this information, because technically, in the eyes of the law, it doesn’t belong to you—it belongs to your phone company, or your Internet-service provider. This view dates back to 1979, when the Supreme Court ruled that while the content of your phone conversations is private and would require a warrant to monitor, the details of who you called and for how long (the “toll record”) belongs to the phone company.
In Smith v. Maryland, the Supreme Court held that a pen register is not a search because the "petitioner voluntarily conveyed numerical information to the telephone company." Since the defendant had disclosed the dialed numbers to the telephone company so they could connect his call, he did not have a reasonable expectation of privacy in the numbers he dialed. The court did not distinguish between disclosing the numbers to a human operator or just the automatic equipment used by the telephone company.
The Smith decision left pen registers completely outside constitutional protection. If there was to be any privacy protection, it would have to be enacted by Congress as statutory privacy law.
Sure, they need a warrant against the phone company to take information that belongs to the phone company. The letter was actually a warrant, reviewed and signed by a judge:Still of it belongs to the phone company and not me they still need a warrant to get that info from the phone company and not just a nsa letter saying "lol all your calls are belong to us now"
... What reasonable suspicion did they have to get the data on every person n that is a customer to that phone provider?Sure, they need a warrant against the phone company to take information that belongs to the phone company. The letter was actually a warrant, reviewed and signed by a judge:
http://www.guardian.co.uk/world/interactive/2013/jun/06/verizon-telephone-data-court-order
And the letter expires 90 days after it was signed, which means they had to send a new one, signed by a judge, four times a year, every year since the program started.
According to the warrant, "This court having found that the Application of the Federal Bureau of Investigation for an Order requiring the production of tangible things from Verizon...satisfies the requirements of 50 U.S.C. section 1861."... What reasonable suspicion did they have to get the data on every person n that is a customer to that phone provider?
And sorry for typos in on my phone
Of course it all goes back to the unpatriotic act. Thank you for looking this info up and giving it to me btw. But even though the reason they have satisfied the law it doesn't mean the law didn't violate the constitution and needs to be struck downAccording to the warrant, "This court having found that the Application of the Federal Bureau of Investigation for an Order requiring the production of tangible things from Verizon...satisfies the requirements of 50 U.S.C. section 1861."
The warrant doesn't have to state the suspicion, and since we don't have a copy of the application we might not ever know, however we can look up 50 USC 1861, which does specify the conditions that must be met for the FBI to have valid reason to get Verizon's records. So you can assume that at least this judge felt the conditions of this section were met.
You'll remember this as part of the patriot act - there was a big hullaballoo about them getting our library circulation records, but few thought this meant any business record, including phone and credit card records.
Of course, the judge may be wrong, or the law congress passed as part of the patriot act may be wrong, but at the moment it appears that congress gave the FBI the keys to this data, and we've just been letting them have it.
Now I can reply to this. No I've never seen that show but I've felt that way ever since I joined the military about 12 years ago. The reason being right after we took our oath the guy there asked which of us would lay down our lives for a devil worshiper. No one raised their hand. The guy looked at us and said he would because the constitution doesn't just protect the people who we agree with but it protects everyone regardless of their beliefs. It's something that's stuck with me and I believe just hearing him say that made me a better person. But that's why I said what I said and I've never heard of b5You seen B5? Sheridan says this almost verbatim (the first part I mean) when he's starting to take out the tyrannical government.
Edit: and spoilers don't apply if a series ended more than 10 years ago, and I think this one ended about 15 years ago.
Those who do not learn the lessons of the past and all that.CrimsonSoul, Babylon 5 - If not wanting to click it, it was a sci-fi TV show in the early 90s. Was on for 5 years. Very love/hate when it came on, as unlike most shows at the time, most episodes were connected, rather than being one-offs like Star Trek. So more difficult to "get in to" but ultimately more rewarding IMO.
Back to our regularly scheduled thread:
Sorry to Godwin the thread, but it's actually pertinent. I was reading the Government quotes aggregation page on wikiquote, and came across this one:
What happened here was the gradual habituation of the people, little by little, to being governed by surprise; to receiving decisions deliberated in secret; to believing that the situation was so complicated that the government had to act on information which the people could not understand, or so dangerous that, even if the people could not understand it, it could not be released because of national security. And their sense of identification with Hitler, their trust in him, made it easier to widen this gap and reassured those who would otherwise have worried about it.Mayer, Milton (1966) [1955]. They Thought They Were Free: The Germans, 1933-45 (2nd edition ed.). University of Chicago Press. pp. p. 166. ISBN 0-226-51192-8.
There's a lot of parallels to modern "democratic" government here, especially as it pertains to "intelligence" and especially counter-terrorism. Decisions made "behind closed doors" in general just don't turn out well, and propagate the "bad" things that we all see happening, regardless of the specific country involved. I think we need to remember this lesson: trusting our government leaders never turns out all that well. Constant scrutiny turns out a lot better.
The military side of you shouldn't say that. Or oath is to support and defend the constitution from all enemies foreign and domestic. What this administration is doing goes against that oath specifically the the fourth amendment so you should be defending him.
I believe the argument is that the surveillance laws themselves are breaking the highest law you guys have, the constitution, so if you're breaking a "lower" law to help enforce a "higher" one... that's where it gets messy.As of right now we don't know that anyone did anything illegal. Unethical, yes. Illegal? Remains to be seen. So the oath in this case does not apply. Dude not only broke the chain of command, but he himself had made oaths of secrecy and broke them. I don't know yet whether he's a hero or a danger, but he did break the law whereas the people he is accusing may not have.
I believe the argument is that the surveillance laws themselves are breaking the highest law you guys have, the constitution, so if you're breaking a "lower" law to help enforce a "higher" one... that's where it gets messy.
Congress and a judge can ok any and everything they want but if it goes against the Constitution it is still and invalid lawIf they received the types of okays they say they have from the courts and congress, then what they did under the Patriot Act is not illegal.
This line of thinking is very dangerous, and also one of the reasons we have such an unconstitutional act as the Patriot Act in the first place. We're allowing our government to create and maintain unconstitutional laws and basically letting them know it's OK through either complacency or compliance.If they received the types of okays they say they have from the courts and congress, then what they did under the Patriot Act is not illegal.
Let's be clear.
What they're doing is probably not illegal.
It may be unconstitutional.
Far from being dangerous, it's necessary to maintain that line of thinking, particularly if we choose to attack it and have it struck down.
This could, in fact, be the watershed event that gets the American public riled up enough to really take a close look at the Patriot Act and get rid of those items that are wrong.
or maybe HITLER.Let's be clear.
What they're doing is probably not illegal.
It may be unconstitutional.
Far from being dangerous, it's necessary to maintain that line of thinking, particularly if we choose to attack it and have it struck down.
This could, in fact, be the watershed event that gets the American public riled up enough to really take a close look at the Patriot Act and get rid of those items that are wrong.
The only part of what he said that sounded really fishy to me was when he said that any analyst could tap anyone, even the president, anytime they wanted. I've heard several folks on NPR who are knowledgable in the matter say this is a remarkably false statement.
One can hope.This could, in fact, be the watershed event that gets the American public riled up enough to really take a close look at the Patriot Act and get rid of those items that are wrong.
Anyone who doubted this was the case is naive.So turns out we've been doing to China exactly what we keep hyping and saying China has been doing to us. Sure makes Obama's position weaker when confronting Xi Jinping about Cyber security.
Anyone who doubted this was the case is naive.
The US has done this before when suspected murderers have fled into Canada. I wouldn't be surprised if they are trying it now.Regarding Snowden (NSA whistleblower), though, the charges do not, at the moment, include treason. Keep in mind that treason has the possibility of the death penalty, though, and many countries have extradition treaties with the US which allow refusal in cases where capital punishment is a possibility. They could be holding back on the charges to make extradition less problematic.
"He is charged with theft of government property, unauthorized communication of national defense information and willful communication of classified communications intelligence."
He revealed it so the government couldn't hide him away or kill him without it becoming publicly known, regardless of the reasons he said he revealed it.Remember when Snowden said he revealed his identity so the spotlight wouldn't be on him, and instead would be on the stuff he leaked?
No shit.U.S. Secretary of State John Kerry said Monday he didn't know the details of the allegations, but tried to downplay them, maintaining that many nations undertake various activities to protect their national interests. He failed to quell the outrage from allies, including France, Germany and Italy.
Bet he's thinking about it.Can we add "marry a Russian spy" to the list? Cause Anna Chapman just proposed to Snowden over Twitter.
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To be clear, the fact that secrecy has long been seen as being in the public interest does not give officials carte blanche to do as they like. Secrecy needs to be balanced against important civil liberties.
The central question is: Who should do the balancing? The reason the Constitution entrusts the business of balancing values to the three branches is because the officials in charge are chosen by the people and are in a position to check each other, especially with respect to secret policies or operations that it would be self-defeating to make public.
So when an individual decides to short-circuit or circumvent this careful arrangement, he must only do so when there is reason to believe that representatives from all three branches have allowed grave wrongdoing to go unchecked. Otherwise, an unauthorized disclosure is nothing more than an effort to impose one's own narrow political view on one's fellow citizens.
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