Warrantless Wiretapping Lawsuit Allowed To Move Forward Despite Ridiculous Levels Of Secrecy
from the good-news-for-civil-liberties dept
Last year, we wrote about the absolutely ridiculous limitations placed on the lawyers pushing forward on behalf of the Al-Harmain Islamic Foundation to sue the federal government for warrantless wiretapping. As discussed, courts have thrown out most legal challenges by groups like the ACLU, because those groups have no proof that they were spied on -- thus they have no legal standing in the eyes of the law. The one exception to this is Al-Harmain, because the government accidentally revealed a classified document admitting that it spied on the group without a warrant. Except... even though the government revealed the document, in a bizarre twist, it's demanding that the document is still secret, and it seems that Al-Harmain's lawyers can barely even mention the document's existence, let alone the contents of it. The earlier post goes through some of the ridiculous twists and turns Al-Harmain's lawyers needed to go through (including responding to a Justice Dept. filing that the lawyers weren't even allowed to read).With all of that to go up against, it seemed quite likely that the government would succeed in getting the case thrown out -- but amazingly, it appears that the lawsuit will go forward and the lawyers in question will get security clearance, and the judge in the case will actually be allowed to see the "secret document" that isn't really that secret any more. This may be the one and only case that can actually challenge the legality of the federal government's warrantless wiretapping program, so this is fantastic news.
Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.
While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.
–The Techdirt Team
Filed Under: al-harmain, warrantless wiretap
Reader Comments
Subscribe: RSS
View by: Time | Thread
[ link to this | view in thread ]
Cross your toes
[ link to this | view in thread ]
If the case gets tossed out?
[ link to this | view in thread ]
Get over it
[ link to this | view in thread ]
Re:
[ link to this | view in thread ]
And then they came for the trade unionists, And I didn’t speak up because I wasn’t a trade unionist;
And then they came for the Jews, And I didn’t speak up because I wasn’t a Jew;
And then . . . they came for me . . . And by that time there was no one left to speak up."
[ link to this | view in thread ]
But...
[ link to this | view in thread ]
Re: Get over it
There should be a warrant for any and ALL wiretapping of U.S. Citizens. In my opinion that should include CC TV.
I for one am not of the mind to give up freedoms for security, as it is a slippery slope. Once enough laws are enacted everyone will be doing something illegal, and I don't want the government placing cameras in my bathroom watching me wipe my ass with non-regulation TP. Think it's out of the question that that could ever happen? Just you wait and see!
[ link to this | view in thread ]
Re: Get over it
[ link to this | view in thread ]
Re: Get over it
And for that it's quite easy to get a warrant.
What's wrong with using the official process to get a warrant to make sure the program isn't abused?
These lawyers need to get over it. Monitoring people in the US calling known terrorists in other countries is just common sense.
Indeed. Using the legally prescribed means of doing so. NO ONE is saying not to monitor "known terrorists". We're saying that if you're monitoring people within the US, you need to use the proper process.
I'm surprised that folks who act like they're all about "law and order" seem to ignore that when it comes to surveillance.
[ link to this | view in thread ]
Re: Get over it
Plus, it's ILLEGAL!! There's a reason why laws were created to protect people from government intrusion. And no amount of fear mongering about crazy t'rrists in caves is going to change that fact. No one needs to be watching me, in fact I would think that most people would prefer if no one were invading their privacy.
To think that they are monitoring ONLY people in the US calling known terrorists is just plain naive, no to mention irresponsible. Wake up!
[ link to this | view in thread ]
What's wrong with using the official process to get a warrant to make sure the program isn't abused?"
Because it only takes 15 minutes to throw away that cell phone. It simply takes to long to get a warrant for something that could only have a window of a few minutes.
"Indeed. Using the legally prescribed means of doing so. NO ONE is saying not to monitor "known terrorists". We're saying that if you're monitoring people within the US, you need to use the proper process."
The only evidence I have seen them use unwarranted taps for is domestic calls going out of the US to known terrorists. I don't care if it's your Uncle Bob and your calling him to wish him happy birthday, if he's a terrorist, I want someone listening to the call.
"To think that they are monitoring ONLY people in the US calling known terrorists is just plain naive, no to mention irresponsible. Wake up!"
No one has sued with evidence to the contrary, to think that they want to spend manpower listening to you call your wife is just as naive.
[ link to this | view in thread ]
This is the only way you're going to get any actual attention brought into the spotlight regarding how horribly our government is fucking us in the ass. One nice big huge cock right in your ass, over and over and over and over.
The patriot act is the new constitution, read it.
NAFTA is slowing gaining authority to police the entire Americas.
Major corporations in collusion with congress have purposely crashed our economy.
TUNE IN, WISE UP, MOUTH OFF
[ link to this | view in thread ]
[ link to this | view in thread ]
Re: Get over it
[ link to this | view in thread ]
Re:
That's why they have up to 72 hours AFTER the wiretap to file. The ONLY reason someone would want the paper trail to disappear is because they are abusing the power. There is absolutely no interference with the process when they are allowed to wait until after the event to file the paperwork.
"No one has sued with evidence to the contrary..."
Uh, RTFA.
And, what about the NSA employees a couple months ago who admitted to passing around "steamy" calls between soldiers/aid workers and their respective spouses. Wake up and take off your blinders.
[ link to this | view in thread ]
Re: Re:
[ link to this | view in thread ]
http://www.wanttoknow.info/060205usmilitarycontrolinternet
According to a BBC report, the US military has developed an "Information Operations Roadmap" for taking over the internet. It advises that the US military should "fight the net as it would an enemy weapons system." Also to "provide maximum control of the entire electromagnetic spectrum" and "disrupt or destroy the full spectrum of globally emerging communications systems, sensors, and weapons systems dependent on the electromagnetic spectrum."
Basically, they're aiming for the ability to knock out every phone, computer, and other net-enabled device in the world.
Former Secretary of Defense Donald Rumsfeld approved this thing. And this isn't conspiracy theory mumbo jumbo, it's all documented and verifiable. Just go to the link above and see for yourself.
[ link to this | view in thread ]
Re: Re: Get over it
With that said, I hope your the first to go.
Dan
[ link to this | view in thread ]
Re: Re: Re: Get over it
Having the government randomly decide that it can record your life without any legal checks and balances is not, in fact liberty. If you want to live somewhere where they are trading liberty in for a false sense of security, feel free to move to another country.
[ link to this | view in thread ]
Re: Re: Re: Get over it
while we're at it we might as well outlaw driving or riding in cars, since you or your family is much more likely to die in a car crash than by the hands of a terrorist...
let's not forget to protect people from heart disease too...
etc.
[ link to this | view in thread ]
Re: Re: Re: Re: Get over it
The only people that want to take away our right to own firearms are the far left. The same people that are all about saving our freedoms.
First they take away the right of the goverment to protect us. Then they take away the individual right to protect ourselves. Explain that one to me.
What fucking bull shit. Only the far left would come off with a comment like that.
Want to know what I think. Pussies like the far left cock suckers will have us all dead in 10 years. They will remove every fucking ability we have of protecting this nation. Then the far right will come in and fuck us the rest of the way...
Me, I just want my goverment to protect me. Which you cock suckers are trying to stop.
Dan
[ link to this | view in thread ]
Re: Re: Re: Re: Get over it
The only people that want to take away our right to own firearms are the far left. The same people that are all about saving our freedoms.
First they take away the right of the goverment to protect us. Then they take away the individual right to protect ourselves. Explain that one to me.
What fucking bull shit. Only the far left would come off with a comment like that.
Want to know what I think. Pussies like the far left cock suckers will have us all dead in 10 years. They will remove every fucking ability we have of protecting this nation. Then the far right will come in and fuck us the rest of the way...
Me, I just want my goverment to protect me. Which you cock suckers are trying to stop.
Dan
[ link to this | view in thread ]
Re: Re: Re: Get over it
[ link to this | view in thread ]
Re: Re: Re: Re: Get over it
You just said your liberties and freedoms are more important then any life that may be saved.
how selfish can you be? Your freedom for how many lives?
dan
[ link to this | view in thread ]
Re: Re: Re: Get over it
[ link to this | view in thread ]
Re: Re: Re: Re: Get over it
I voted first for Clinton, then I voted for McCain.
And you know what fuck wad.
I like everythign oboma has done to this point.
Fuck off and die cock sucking liberal bastard. People like you should be fed as bait to the terrorists... Let them eat you alive.
dan
[ link to this | view in thread ]
Dan, why are you a moron?
[ link to this | view in thread ]
Re: Re: Re: Get over it
Ben Franklin
Truer words have never been spoken.
[ link to this | view in thread ]
Re: Re: Re: Re: Get over it
You know what they are don't you?
Look them up, in them you will find that the founders reconized that some freedoms may have to be sacraficed for the overall security of the population/nation. And that is almost the exact words.
Dan
[ link to this | view in thread ]
Re: Re: Re:
why do you willingly throw all that away for a feigned safety?
[ link to this | view in thread ]
Re: Re: Re: Re: Re: Get over it
You're essentially saying that if you and your family were in a prison and the biggest guy on the yard came up and said he would provide you protection but your youngest daughter and son had to take it up the ass on an hourly basis from everyone else on the yard, you'd be fine with that.
It's not "your" freedom or "my" freedom but FREEDOM IN GENERAL.
[ link to this | view in thread ]
Re: Get over it
Maybe the lawyers actually believe in the law. As far as I know, this is the text from the Constitution, and there is no Amendment which changes the following facts of law:
"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."
"Stellar Wind" (as the codename for the program is believed to be) clearly violates not only the laws of Congress but the Constitution itself. If you want to spy without warrants, amend the Constitution or pay the penalty for violating the law.
It's just the same with torture; if you feel you need to torture someone for info, go ahead, and then turn yourself in. A true patriot would be PROUD whenever they are put on trial for war crimes. Instead, our officials are chickens, and they passed the Military Commissions Act of 2006, protecting themselves against prosecution for torture dating back to 1997. Saving their own ass is more important than protecting our freedoms.
They are not spying on you calling your mom in Florida.
I suggest reading this CNN report. It's not quite the scenario that you outline, but it shoots a hole right through the allegation that this is used only against terrorists or those believed to associate with terrorists.
[ link to this | view in thread ]
Re: Re: Re: Re: Re: Get over it
I hate to tell you this but those on the "Far left"(actually it's everyone but you'd rather polarize with politics so I'll play your game for a bit) are exactly like you: expecting the government to protect them by taking away our freedom. Try in vain to deny it, Dan, but you are a coward just like the rest of "them".
[ link to this | view in thread ]
Re: Re: Re: Re: Re: Get over it
[ link to this | view in thread ]
Re: Re: Re: Re: Re: Get over it
[ link to this | view in thread ]
Re: Re: Re: Re: Re: Re: Get over it
Get it right, unlike alot of people that quote just one founding father. And from google of all places.
you read what you want with regard to our rights and freedoms. I try to read everything.. And guess what, moron. Them who never took the time to investigate further.
There WERE founding fathers that reconized thare were times that rights and freedoms would have to be given up.
So, moron. Before you come down from above with your GAWD mountain preaching of knowing everything about the constitution and what it means. Take the time to read a bit more.
Dan
[ link to this | view in thread ]
Re: Dan, why are you a moron?
Again, thanks for the followup.
Dan
[ link to this | view in thread ]
Re: Re: Re: Re: Re: Re: Get over it
I voted democrat, I voted republican. Unlike alot of idiots(both democrats and republicans), which you seem to be one of.
I vote for who I think will do what is best, no matter the party.
So, shut the fuck up and follow the thread before you replay.
Typical reply from someone that use's Gawd as his alias.
Dan
[ link to this | view in thread ]
Re: Re: Re: Re: Re: Re: Re: Get over it
I picture ol' danny-boy locked up in his basement, surrounded by guns and ammo, and sitting in a gigantic puddle of piss due to the constant threat of TEH TERRORRRRRR!!!!!
RUN Dan RUN! The Terrorists are going to get you!
[ link to this | view in thread ]
Re: Re: Re: Re: Re: Re: Get over it
Should we burn the books now that show not all founding fathers did not follow your same thoughts? That some founding fathers felt there may be a need, and presented this in a document published in the new york times?
Go figure... I never beleived it till now... True diehard democrats really DON'T care about TRUE history.
Dan
[ link to this | view in thread ]
Re: Re: Re: Re: Re: Re: Re: Re: Get over it
Dan
[ link to this | view in thread ]
I picture ol' danny-boy locked up in his basement that reeks of the smell of fear, surrounded by guns and ammo, hunched over his computer and hastily typing away. All the while sitting in a gigantic puddle of piss and shit.
RUN Dan RUN! The Terrorists are going to get you! Who better to protect you than the Government WITHOUT any checks and balances?! I think I know who the real nutty person is... Please keep your weak-minded, cowardly lion self locked up in your own basement where you are safe.
[ link to this | view in thread ]
By the way Dan..
[ link to this | view in thread ]
Re: Re: Re: Re: Re: Re: Get over it
Did you know that George Washington ran spies during the Revelontionary War? Damn, wonder who he was spieing on? Why, could it be... Fellow american citizens?
here is another one for you Gawd..
Thomas Jeffereson and Alexander Hamilton had COMPLETELY different views of how the country should be run.... Hated each other... Kicker here Gawd.... George Washington as president mostly sided with.
How many other founding fathers found that during their presidency, that they had to sacrafice their strong beleifs because the real world came up and bit them in the ass. And had to do things they had always argued against? Have you EVER taken the time to find out? Or are you wearing blinders, and don't want to know the REAL history of this nation.
I think thats exactly what it comes down to... Rose colored glass's. Selective reading. And not wanting to know all the truth, in other words, all of the history that makes this nation what it is today.
Dan
[ link to this | view in thread ]
Re:
That are too much of a coward to even consider how many lives should be lost before they give up that suposid freedom. Damn deadzone, I see you posting in a public forum... Guess you haven't lost freedom of speach yet, now have you? But wait, are you a hypocrit... And if the goverment were to use these public forums... You would cry wolf???
Again, if I run.. It will be from hypocritical assholes like you that think your so much more important then others..
Dan
[ link to this | view in thread ]
re:re: re: Dan
Calm down or the democrats will get you.
[ link to this | view in thread ]
Re: Re: Re: Re: Re: Re: Get over it
Dan
[ link to this | view in thread ]
Re: Re: Re: Re: Re: Re: Re: Get over it
[ link to this | view in thread ]
Re: Get over it
[ link to this | view in thread ]
Re: re:re: re: Dan
I don't hate democrats Kaden, I hate fucking far left democrats. Just like I hate far right republicans.
Dan
[ link to this | view in thread ]
Re: Re: Re: Re: Re: Get over it
[ link to this | view in thread ]
danny boy
It's hard for any of to understand or even comprehend that there are people in this world that willingly plan and carry out mass murder for any reason.
If you are under the impression that somehow I don't care that thousands of Americans have died by the hands of Terrorists then you are sadly mistaken. Heck, even though you apparently would like for me and my family to die in an act of terrorism, I STILL would not wish that to happen to you.
Regardless, the bottom line is this. We have laws in place in this country. Laws meant to do many things for us such as protecting us from harm. But we must have a system of checks and balances in place. Without checks and balances, laws become meaningless. Why? Because we humans are flawed and throughout history we have shown time and time again that we will abuse a system that has no checks and balances in place.
Without accountability and responsibility abuse will always happen.
[ link to this | view in thread ]
Dan, why are you a moron?
[ link to this | view in thread ]
Re: Re: re:re: re: Dan
Seems that Dan's just full of "hate".
[ link to this | view in thread ]
Re: Re: Re: Get over it
[ link to this | view in thread ]
Re:
[ link to this | view in thread ]
Politics brings out the best in people.
[ link to this | view in thread ]
Re: Re: Re: Get over it
[ link to this | view in thread ]
Re: Re: Re: Re: Re: Re: Re: Re: Re: Get over it
[ link to this | view in thread ]
Re: Re: Re: Re: Re: Re: Re: Get over it
[ link to this | view in thread ]
Re: Cross your toes
[ link to this | view in thread ]
Re: Re: Re: Re: Re: Get over it
Unless, of course, you're using a personal definition for these terms.
Why didn't you answer the previous commenter's question, d4n? You wrote that since [the "far left", which you despise] supports [freedom from warrantless government spying], [freedom from warrantless government spying] is a thing to be despised in turn.
Experience will show that your attempt to rationalize your emotional response to irrational fear is not logical.
[ link to this | view in thread ]
Home Invasion / Illegal Wiretapping
my home has been invaded per Judge Dale Crawford for a person identified as an security risk in Mansfield by the name of Melkeisha Robinson who falsely alleges her home is my home..I have filed several filings through law agency who refuse to cooperate and have conspired to have my family raped and murdered.
Please help me!
Selina Miller
614-313-1521
[ link to this | view in thread ]