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Comment Re:Oh Boo Hoo (Score 2) 296

You cluelessness about libertarians is typical of those who don't want to understand personal responsibility because it scares them. So much easier to assign responsibility to a bunch of strangers, and then to whine about the bad decisions they make, which really means they didn't force you to go along with a decision you haven't got the guts to make yourself.

Comment No, they are categorically NOT doing that... (Score -1) 164

...and your comment represents the absolutely fundamental misunderstanding that pervades this discussion.

The truth no one wants to hear:

The distinction is no longer the technology or the place, but the person(s) using a capability: the target. In a free society based on the rule of law, it is not the technological capability to do a thing, but the law, that is paramount.

Gone are the days where the US targeted foreign communications on distant shores, or cracked codes used only by our enemies. No one would have questioned the legitimacy of the US and its allies breaking the German or Japanese codes or exploiting enemy communications equipment during WWII. The difference today is that US adversaries -- from terrorists to nation-states -- use many of the same systems, services, networks, operating systems, devices, software, hardware, cloud services, encryption standards, and so on, as Americans and much of the rest of the world. They use iPhones, Windows, Dell servers, Android tablets, Cisco routers, Netgear wireless access points, Twitter, Facebook, WhatsApp, Gmail, and so on.

US adversaries now often use the very same technologies we use. The fact that Americans or others also use them does not suddenly or magically mean that no element of the US Intelligence Community should ever target them. When a terrorist in Somalia is using Hotmail or an iPhone instead of a walkie-talkie, that cannot mean we pack our bags and go home. That means that, within clear and specific legal authorities and duly authorized statutory missions of the Intelligence Community, we aggressively pursue any and all possible avenues, within the law, that allow us to intercept and exploit the communications of foreign intelligence targets.

If they are using hand couriers, we target them. If they are using walkie-talkies, we target them. If they are using their own custom methods for protecting their communications, we target them. If they are using HF radios, VSATs, satellite phones, or smoke signals, we target them. If they are using Gmail, Windows, OS X, Facebook, iPhone, Android, SSL, web forums running on Amazon Web Services, etc., we target them -- within clear and specific legal frameworks that govern the way our intelligence agencies operate, including with regard to US Persons.

That doesn't mean it's always perfect; that doesn't mean things are not up for debate; that doesn't mean everyone will agree with every possible legal interpretation; that doesn't mean that some may not fundamentally disagree with the US approach to, e.g., counterterrorism. But the intelligence agencies do not make the rules, and while they may inform issues, they do not define national policy or priorities.

Without the authorities granted by the FISA Amendments Act of 2008 (FAA), the United States cannot target non-US Persons who are foreign intelligence targets if their communications enters, traverses, or otherwise touches the United States, a system within the United States, or, arguably, a system or network operated by a US corporation (i.e., a US Person) anywhere in the world. FAA in particular is almost exclusively focused on non-US Persons outside the US, who now exist in the same global web of digital communications as innocent Americans.

Without FAA, the very same Constitutional protections and warrant requirements reserved for US Persons would extend to foreign nations and foreign terrorists simply by using US networks and services â" whether intentionally or not. Without FAA, an individualized warrant would be required to collect on a foreign intelligence target using, say, Facebook, Gmail, or Yahoo!, or even exclusively foreign providers if their communications happens to enter the United States, as 70% of international internet traffic does. If you do not think there is a problem with this, there might be an even greater and more basic misunderstanding about how foreign SIGINT and cyber activities fundamentally must work.

If you believe NSA should not have these capabilities, what you are saying is that you do not believe the United States should be able to target foreign intelligence targets outside the United States who, by coincidence or by design, ever utilize or enter US systems and services. If you believe the solution is an individualized warrant every time the US wishes to target a foreign adversary using Gmail, then you are advocating the protection of foreign adversaries with the very same legal protections reserved for US citizens -- while turning foreign SIGINT, which is not and never has been subject to those restrictions, on its head.

These are the facts and realities of the situation. Any government capability is imperfect, and any government capability can be abused. But the United States is the only nation on earth which has jammed intelligence capabilities into as sophisticated and extensive a legal framework as we have. When the intelligence committees of both houses of Congress, multiple executive agencies under two diametrically opposite Presidential administrations, armies of lawyers within offices of general counsel and and inspectors general, and federal judges on the very court whose only purpose is to protect the rights of Americans under the law and the Constitution in the context of foreign intelligence collection are all in agreement, then you have the judgment of every mechanism of our free civil society.

Or we could just keep laying our intelligence sources, methods, techniques, and capabilities bare to our enemies.

âMany forms of Government have been tried and will be tried in this world of sin and woe. No one pretends that democracy is perfect or all-wise. Indeed, it has been said that democracy is the worst form of government except all those other forms that have been tried from time to time." - Winston Churchill (1874-1965), Speech in the House of Commons, November 11, 1947

"The necessity of procuring good Intelligence is apparent and need not be further urged â" all that remains for me to add, is, that you keep the whole matter as secret as possible. For upon Secrecy, Success depends in most Enterprises of the kind, and for want of it, they are generally defeated, however well planned and promising a favourable issue.â â" George Washington, our nation's first spymaster, in a letter to Colonel Elias Dayton, 26 July 1777

Comment Re:Don't mess with Texas (Score 1) 1097

When we're talking about single-digit numbers, 63% simply isn't that big of a deal. Iceland had 1 intentional homicide in 2012. If they had 2 in 2013, that's a 100% increase in homicides in just one year.

Should their government panic and enact a large swath of draconian legislation aimed at curbing the epidemic of homicide sweeping the country? Let's have an honest discussion; shall we?

Comment Time for indictments (Score 4, Insightful) 94

"Law-enforcement officials also don't want to reveal information that would give new ammunition to defense lawyers in prosecutions where warrants weren't used, according to officials involved in the discussions."

Find those officials and indict them. Get them to roll on others involved, get them to roll, so on and so forth until you have everyone from prosecutors to judges to field agents to police officers to administrators to politicians; indict the lot of them for a criminal conspiracy to violate the civil rights of thousands - if not millions - of Americans. Indict the manufacturer too and open all of them to civil suits by everyone involved. In fact, just launch one on behalf of everyone affected.

Put a few thousand people in prison, bankrupt manufacturers, towns, cities, police departments, and individuals, and watch this kind of shit stop real quick. Such action would force everyone else to very careful examine how they treat the civil rights of both suspects and regular people who might get caught up in the dragnet. It would demonstrate real and lasting consequences for knowingly violating the legal rights of the people. It would bring us closer to a more just and perfect union.

Or we could just quietly sweep it under the rug and unwind the most untenable abuses while making some fairly innocuous details available to the public in the name of transparency. I'm sure that'll also work.

Comment Re:Don't mess with Texas (Score 4, Informative) 1097

Why do people always look to "gun-related" murder stats as though being murdered by a gun is somehow worse than being murdered by other means. The intentional homicide rate in the Netherlands in 2012 (latest easy to find stats) was 0.9. In Vermont, it was 1.3. Higher, yes, but since the numbers we're playing with are single-digits (8 in Vermont in 2012), that's rather skewed. Looking back at recent history, there were years where it was as high at 16 and as low as 6. If you go back into the 1960s, it was as low as 1 or 2, and now we're getting into Iceland territory.

The Netherlands is certainly its own country, but the better comparison to the United States is Europe as a whole. Europe comes in at 3.0 and the US comes in at 4.7. Again, looking at all intentional homicides; not just gun-related (because being murdered by a kitchen knife leaves you just as dead as being murdered by a .22). Higher, yes, but when you look at regions with analogous geographic sizes, populations, and cultural variations, the numbers don't express any ludicrously high differences.

Comment Re:Oblig. answer (Score 5, Interesting) 1097

Your equivocation is showing.

Nobody shows up to just start opening fire on everyone involved when some art exhibit depicting Jesus in some terrible way is shown (though they may show up to damage the artwork). Piss Christ is just one example. The Misadventures of the Romantic Cannibals is another. South Park has done plenty of cartoons depicting Jesus in a less than respectful manner as has Family Guy, yet no murders. Leon Ferrari lived to a ripe old age despite his many works of blasphemy that even drew the ire of Pope Francis (Mary in a blender comes to mind). Yet again, some of the artwork was vandalized, but the man himself was never harmed. In fact, the threats he received were for his earlier political work (which drove him to exile). Ants of a Crucifix, Phallus-faced Jesus, Chris Ofili’s “The Holy Virgin Mary"; the list just goes on and on. Protests, lawsuits, condemnations, funding being pulled; these are the reactions from Christians.

But draw cartoons of Mohammed? Guys with guns show up to murder people.

There's a fucking difference.

Comment Re:misrepresentation of Islam (Score 2) 1097

It may or may not be a sign of "grave disrespect", but so what? Having your beliefs disrespected is part of life, whether you're a Muslim, Christian, Jew, Buddhist, or atheist.

No it isn't; not if you're one of these fanatical Muslims. If you're one of these fanatical Muslims, then having your beliefs disrespected means you're required by your god to bring divine vengeance down upon all involved. As others have said, this is what makes such persons incompatible with western civilization. Quite frankly, if you want to have any chance at a relatively peaceful western civilization, all those fitting into that group must be exterminated.

Comment Re:Idiots (Score 3, Insightful) 1097

I think they're all childish idiots. The people attending that meeting, with their provoking "who can draw the best Mohammed cartoon." Come on, your days at high school are a very long time away and you should behave like an adult now.

Regardless of their motives, I'm glad they held this event. Two people who were ready, willing, and able to murder over cartoons being drawn were lured into a death trap. Good. Let them burn in Hell (if such a place/state exists).

The events may be childish, but when it brings out murderous fanatics and gets those fanatics killed before they can kill innocent people, then by all means hold them every day of the week and twice on Sunday. My good friend Darwin has informed me that eventually, we'll run out of murderous fanatics.

Comment Re:What? (Score 1) 591

Sure, why not? There comes a point where an individual is so dangerous and destructive that a society cannot contain the violence they unleash at every opportunity. Life in prison merely changes the population exposed to that individual. Prison guards, staff, and other prisoners deserve protection from such uncontrollably violent people just as much as anyone else. Capital punishment reduces recidivism rates to zero. No one who has been executed has ever been found to continue committing crimes.

Comment Re:An alternative to the death penalty (Score 4, Interesting) 591

It's only cheaper because our capital punishment process is so badly broken. It should not take decades to complete the process; that's just dumb. On the other hand, there are flaw in how it's applied currently (moving to the second part of your issue with it), so those also need to be fixed. I support the death penalty, but with some pretty major reforms. And as a strong advocate of it, I would be open to suspending it until said reform has changed the process to one which is much faster, cheaper, more humane, more fair, more evidence-based, and more regulated. For starters, take all the stuff the Innocence Project is doing and integrate it directly into the process and provide wide open access to all information going into the process to any third-party groups wishing to provide sunshine/oversight.

Some individuals are so dangerous and destructive that all members of society (including prison guards, staff, and other prisoners) deserve permanent protection from them. I have no issue with extinguishing the existence of those who are so fundamentally broken that we can't contain their violence. However, we need to bend over backwards to ensure the process to do that is applied fairly, reasonably, and is designed to make it as close to impossible to execute an innocent person as we can reasonably make it.

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