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  #91 (permalink)  
Old 12-21-2007, 06:31 AM
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Default The War on Terror

Quote:
Originally Posted by nonsqtr";p=&quot View Post
read my lips:

We are not at war.
Were we at war with Korea during the Korean war? Congress never declared it. The last time Congress actually declared war was World War II:

http://www.strategypage.com/htmw/htw.../20060216.aspx

What Congress did do was authorize war. And every time Congress continues to fund the war on terror, including Iraq and Afghanistan, they continue this authorization.

fyi: We are at war.
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  #92 (permalink)  
Old 12-21-2007, 06:35 AM
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Default Wow

Quote:
Originally Posted by TarBaby";p=&quot View Post
Quote:
Originally Posted by BroncoBilly";p=&quot View Post
There have been no laws broken, if there has post them.
I Already did (or are you too thick to figure out how to use links?)

KATZ v. UNITED STATES, 389 U.S. 347 (1967)
The Government's eavesdropping activities violated the privacy upon which petitioner justifiably relied while using the telephone booth and thus constituted a "search and seizure" within the meaning of the Fourth Amendment.

Although the surveillance in this case may have been so narrowly circumscribed that it could constitutionally have been authorized in advance, it was not in fact conducted pursuant to the warrant procedure which is a constitutional precondition of such electronic surveillance.


United States Code- TITLE 50 - WAR AND NATIONAL DEFENSE - CHAPTER 36 - FOREIGN INTELLIGENCE SURVEILLANCE - SUBCHAPTER I - ELECTRONIC SURVEILLANCE - Section 1809. Criminal Sanctions


(a) Prohibited activities
A person is guilty of an offense if he intentionally -
(1) engages in electronic surveillance under color of law
except as authorized by statute; or
(2) discloses or uses information obtained under color of law
by electronic surveillance, knowing or having reason to know that
the information was obtained through electronic surveillance not
authorized by statute.
(b) Defense
It is a defense to a prosecution under subsection (a) of this
section that the defendant was a law enforcement or investigative
officer engaged in the course of his official duties and the
electronic surveillance was authorized by and conducted pursuant to
a search warrant or court order of a court of competent
jurisdiction.


It is ILLEGAL to wiretap without a warrant.

Quote:
If there has been someone arrested and charged with breaking our surveillance laws, post it.
There are currently dozens of cases under review.

Quote:
Your ignorance on this entire topic is benign.
And your ignorance on the topic is dangerously negligent. You are doing the equivalent of sticking your fingers in your ears and pretending not to hear me.

Quote:
You keep posting stuff that is merely your opinion as if it were a fact.
For the record thats a Supreme Court decision and the relevant text of the Foreign Surveillance Intelligence Act. Not my opinion, a fact of our legal code.
One case in 1967, I think they put the FISA laws in effect since then, and you have been out voted by the majority who make our laws.

Dangerously negligent? One guy on this forum becomes dangerously negligent, yeah, whatever. You still have no vote slick.
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  #93 (permalink)  
Old 12-21-2007, 06:45 AM
nonsqtr nonsqtr is offline
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Default these guys are freakin' NUTS - LISTEN to this stuff!!!!

Quote:
Originally Posted by glitch";p=&quot View Post
Quote:
Originally Posted by nonsqtr";p=&quot View Post
read my lips:

We are not at war.
Were we at war with Korea during the Korean war? Congress never declared it. The last time Congress actually declared war was World War II:

http://www.strategypage.com/htmw/htw.../20060216.aspx

What Congress did do was authorize war. And every time Congress continues to fund the war on terror, including Iraq and Afghanistan, they continue this authorization.

fyi: We are at war.
Eh.... GONG!!!!

No Declaration, no War.

That's what it says in the contract.

End of story.

See, "there you go again", Glitch.

You guys, you got this freakin' wonderful contract, the best in the world, staring you right in the face, and you wanna freakin' ignore it.

What have I been telling you, Glitch? Huh??? "Ostrich"???

Glitch:

===> No declaration, no war..

It's in the contract.

You might wanna read it, one of these days.....
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  #94 (permalink)  
Old 12-21-2007, 06:51 AM
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Quote:
Originally Posted by BroncoBilly";p=&quot View Post
One case in 1967
Ahahaha, do you actually think it matters when the decision was reached? It could have been made in 1867 and it would still be law.

And no, thats not one case (although one is all it takes,) thats the strongest precedent I could find. You could also look at SILVERMAN v. UNITED STATES or maybe Goldman v. United States, or Lee v. United States. All have relevance here.

But really, the most applicable law, is the 4th Amendment.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

...or is that little law too old to matter as well?

Billy, you're just becoming hilarious. You ask me to cite the relevant laws, I do, and then you complain that its too old to matter. Check your losses and admit when you're wrong.

Quote:
I think they put the FISA laws in effect since then, and you have been out voted by the majority who make our laws.
... HAHA! And the FISA laws back up my point, that anyone looking to use electronic surveillance must first obtain a court ordered warrant. How is this not getting through?

What majority voted me out? The bill has yet to pass. You've been corrected on this already. The vote that was taken was merely to disrupt a filibuster.

Quote:
Dangerously negligent? One guy on this forum becomes dangerously negligent, yeah, whatever.
Any time a citizen refuses to hold the government accountable to the law, they are negligent to the ideals this country was founded on. (but really I was poking fun of your use of the word "benign.")

Quote:
You still have no vote slick.
But, as a citizen I still at least have a voice.
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  #95 (permalink)  
Old 12-21-2007, 07:54 AM
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Default Except

Quote:
Originally Posted by TarBaby";p=&quot View Post
... HAHA! And the FISA laws back up my point, that anyone looking to use electronic surveillance must first obtain a court ordered warrant. How is this not getting through? :confuse.
As put by J Rockefeller, in times of emergency, and the senate and congress make the rules. Wham, you're out of here

BTW, again you post pending suits, quit wasting our time.
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  #96 (permalink)  
Old 12-21-2007, 08:10 AM
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Default Forgot one

Quote:
Originally Posted by TarBaby";p=&quot View Post
Quote:
Originally Posted by BroncoBilly";p=&quot View Post
One case in 1967
Ahahaha, do you actually think it matters when the decision was reached? It could have been made in 1867 and it would still be law.

And no, thats not one case (although one is all it takes,) thats the strongest precedent I could find. You could also look at SILVERMAN v. UNITED STATES or maybe Goldman v. United States, or Lee v. United States. All have relevance here.

But really, the most applicable law, is the 4th Amendment.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

...or is that little law too old to matter as well?

Billy, you're just becoming hilarious. You ask me to cite the relevant laws, I do, and then you complain that its too old to matter. Check your losses and admit when you're wrong.

Quote:
I think they put the FISA laws in effect since then, and you have been out voted by the majority who make our laws.
... HAHA! And the FISA laws back up my point, that anyone looking to use electronic surveillance must first obtain a court ordered warrant. How is this not getting through?

What majority voted me out? The bill has yet to pass. You've been corrected on this already. The vote that was taken was merely to disrupt a filibuster.

Quote:
Dangerously negligent? One guy on this forum becomes dangerously negligent, yeah, whatever.
Any time a citizen refuses to hold the government accountable to the law, they are negligent to the ideals this country was founded on. (but really I was poking fun of your use of the word "benign.")

Quote:
You still have no vote slick.
But, as a citizen I still at least have a voice.
Don't get your hopes up;


http://www.npr.org/templates/story/s...oryId=17332377
Dodd and others said that, should the phone carriers be given immunity, courts will never be able to determine the legality of the surveillance with which they were asked to cooperate. But prospects for stripping that immunity from the bill look dim, as lawmakers rush to get President Bush a bill he'll sign.
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  #97 (permalink)  
Old 12-21-2007, 08:17 AM
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Quote:
Originally Posted by BroncoBilly";p=&quot View Post
Quote:
Originally Posted by TarBaby";p=&quot View Post
... HAHA! And the FISA laws back up my point, that anyone looking to use electronic surveillance must first obtain a court ordered warrant. How is this not getting through? :confuse.
As put by J Rockefeller, in times of emergency, and the senate and congress make the rules. Wham, you're out of here
It may be true that they make the rules, but the rule has yet to be made that allows warrantless wiretapping.

So again...

There are clearly laws against wiretapping without a warrant.

Bush ordered wiretaps without a warrant.

Bush broke the law.


...its like arguing with a potted petunia.

(P.S. its basic civics to know that the Senate is part of Congress. Its also basic civics to know that Congress makes the laws all the time, not only during emergencies.)
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  #98 (permalink)  
Old 12-21-2007, 08:25 AM
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Quote:
Originally Posted by BroncoBilly";p=&quot View Post
http://www.npr.org/templates/story/story.php?storyId=17332377
Dodd and others said that, should the phone carriers be given immunity, courts will never be able to determine the legality of the surveillance with which they were asked to cooperate. But prospects for stripping that immunity from the bill look dim, as lawmakers rush to get President Bush a bill he'll sign.
So you're advocating a policy where we can never know whether or not these companies broke the law? Your logic is bizarre.

A quick timeline of this thread.

No one has been wiretapped.

No, plenty of people were tapped.

They might have been wiretapped, but no laws were broken.

These are the laws that were broken.

They broke laws, but those laws didn't count because they were old.

Laws still count if they are old.

Well, Congress will pass a law that will stop us from ever finding out what happened!

America is doomed.
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  #99 (permalink)  
Old 12-21-2007, 09:16 AM
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Default ...

Quote:
Me: I agree. But we do not have an adequet definition to encompass what we are facing right now. This type of situation has not existed before.

The War on Drugs? The War on Organized Crime? The War on Gangs?
Those were all internal. We could control them through out own laws.

The war on terror, by contrast, is EXternal. It requires interaction with other governments.


Quote:
You: Its a term coined up to drive fear and create sensationalist rhetoric.

Me: I disagree that that is the reason behind the term.

What would you say the reason is?
It is a descriptive label. We are engaged in a war of attrition against a competing ideology.


Quote:
Me: I agree. But it is a war of attrition. If we continue to gain ground, we will eventually return to pre-war threat levels.

How do we "gain ground" when there are no conventional lines to press forward?
By spreading democracy. Once every nation on the planet is a democracy, the terrorist problem will become negligible.


Quote:
All it takes to lose that ground is waiting a little longer for the newest generation of potential terrorists to grow up
By spreading democracy we are also spreading free speech. The main reason those kids grow up to be terrorists is because they are not exposed to alternative viewpoints. The terrorists have a captive audience.

We will change that. If given a free choice, I am confident a majority will choose our way willingly. Our way is the better way.

The terrorists believe that too. That is why they are so afraid of democracy and free speech. They know they are no match for us in the arena of ideas.



Quote:
Me: No, it is not. It may take a long time, but it is not eternal. That is an exaggeration.

Yes maybe literally "eternal" is an exaggeration, but not in practical terms. Its going to exist eternally in our lifetime.
You need to think beyond your own lifetime.

This is what I mean when I say liberals are short sighted. The fact that you will never see the results personally does not necessarily mean we are not gaining ground.


Quote:
This isn't a conflict that is going to be measured in months, or years, or even decades.
Nope. Probably not. But I think we will see some of the fruits within our lifetime. But it will not be won in our lifetime.


Quote:
I guess what I am confused about is why you think, given the long history of corruption in our government, that these calls are only going to be listened to by a computer.
I am giving them the benefit of the doubt because the current alternatives are worse.



Quote:
You are quite simply confused about what this country was founded on.
I am unwilling to take your word for that.



Quote:
I live in the fine state of New Hampshire, where everyday I see the motto, "Live Free, or Die." This country was based upon the idea that our rights are worth preserving, even in the face of death.
Rights mean nothing if we are dead.


Quote:
While we may be slowly becoming a nation of suburbanites afraid of of our own shadow, I'd like to fight that trend.
You are free to do so. I will fight back though. Because I believe you are putting me and my family at risk.


Quote:
I am going to risk the utterly slim chance that I will be killed by terrorists against the far more likely chance that our government will abuse our rights with the ability to wiretap without warrants.
I am unwilling to share that risk with you. And so, apparently, are most other Americans.


Quote:
Me: The scope of the powers are not infinite, and are not permanent. There is no law that cannot be changed.

It is far far easier to grant the government more power than it is to take it away.
How does that change what I just said? If you really have as much support as you think you do, taking that power away should not be a problem.

For the record, I am actually glad to know people are opposing the government on stuff like this. I do not disagree that the government shoudl ALWAYS be at the mercy of the masses. Even though I disagree with them on this issue, I like knowing that there is always someone questioning government.


Quote:
If passed they won't revoke this power easily, even if by some miracle the war on terror suddenly is declared won.
The war on terror has nothing to do with anything. The powers can be taken away either way. The war on terror cannot stop Congress from overriding the President or from passing new laws.

Congress has more power than any other branch of our government.



Quote:
Me: In this case not easy at all unless the conversation is over international lines.

Why should making an international call suddenly void you of your right to privacy.
Because national defense supersedes your right to privacy. Thats why.


Quote:
In that case would you feel comfortable emailing me all of your most personal secrets to an address I provide?
That analogy is flawed, since you would read them personally. If you were just going to have a computer analyze them, then no, I wouldnt have a problem with that.


Quote:
...the point is that no, a computer on its own might not be a violation of privacy. But once that information is available it can be accessed by actual people.
They do not access it unless the computer tells them it is suspicious. They dont even have the capability to listen to every call. Even if they wanted to.

How is it any different if they have a warrant? How is it less of a violation of your privacy?


Quote:
For the last 225+ years since our country has been founded, the alternative to warrantless wiretaps has worked out pretty well. Again, stop fear mongering.
Explain to me how I could convince you that my fears are legitimate and not just fear mongering.

That term is a cop out. You dont even have to explain it....you can just label something as fear mongering and dismiss it.


Quote:
You are risking incredibly slim chance of being hurt by a terrorist attack, to an almost certain abuse of power.
If someone in your family happened to be the 1 in a million hit by a terrorist you might have a different view.

Yes, their lives are worth more than your privacy in this context.


Quote:
Me: We already have checks and balances. The fact that Congress does not choose to override the president does not mean they do not have the ability to do so.

That is a check against a bill being made law. I am talking about a check against a government agent abusing their wiretapping access.
Judicial branch.



Quote:
A warrant provides that. Without a warrant that check disappears.
The Judicial branch could declare the wiretaps illegal.


Quote:
This bill is not law yet. The Administration ADMITTED to a warrantless wiretapping program. I'm not deciding it, its a matter of public record.
The judicial branch gets to determine if it is illegal. Not you. That is what I meant.

It isnt a crime simply because you declare it to be a crime. There is precedent for warantless surveillance.


Quote:
What was that about opinion not being enough? We seem to have been doing alright for years and years without this power being granted.
911 didnt seem allright to me.



Quote:
Don't dodge such a crucial point of my argument. We would be safer for sure if we suspended the rights I mentioned.
I dont agree that that is guaranteed.


Quote:
If a government is allowed to wiretap any citizen without warrants there is no check on that power. The balance of power is fundamentally tilted to the Executive branch.
...until Congress decides to change it.

Congress can pass new laws. Congress can override the President.
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  #100 (permalink)  
Old 12-21-2007, 09:31 AM
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Quote:
Originally Posted by TarBaby";p=&quot View Post
America is doomed.
americas not doomed... nope... well, its debatable... its not proven... ok, it is doomed, but being doomed isnt a bad thing... being doomed is great - you really want to lose the war on terra dont you? looney liberal...
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