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Rep. Nadler now saying CNET story (NSA recording calls) is not true.

64 点作者 teawithcarl将近 12 年前

10 条评论

btilly将近 12 年前
OK, I&#x27;ve finally been motivated to go read the law itself. You can find it at <a href="http:&#x2F;&#x2F;www.law.cornell.edu&#x2F;uscode&#x2F;text&#x2F;50&#x2F;1881a" rel="nofollow">http:&#x2F;&#x2F;www.law.cornell.edu&#x2F;uscode&#x2F;text&#x2F;50&#x2F;1881a</a>.<p>There are a lot of interesting things in there. For instance g.1.B allows wiretapping BEFORE they get the FISA rubber stamp. (But the warrant is still required to be sought. Whether this is done in practice is another question, but the warrant is still needed.)<p>However to me the single biggest red flag is g.4 which reads, <i>A certification made under this subsection is not required to identify the specific facilities, places, premises, or property at which an acquisition authorized under subsection (a) will be directed or conducted.</i><p>Why is this interesting? Well compare with the 4th amendment, with the important bit highlighted by captitalization, <i>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 person or things to be seized.</i><p>How can anyone pretend that this law is constitutional???
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downandout将近 12 年前
I don&#x27;t think it matters what the government says about this from here on out. They&#x27;ve shown the depth of their ambitions; they want and will get records about every communication we have. They&#x27;ve been caught in multiple lies, and we can expect that we will never hear the whole truth on this issue. They are doing whatever they want to do, legal or not, and we can&#x27;t stop them.<p>We can all now safely assume that if we have unencrypted electronic communications (phones included), the full contents of those communications will be stored somewhere and made available to government agents should we come under suspicion for anything. Plan accordingly.
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rsanders将近 12 年前
What does &quot;cannot&quot; in the quote from Rep. Nadler mean?<p><pre><code> “I am pleased that the administration has reiterated that, as I have always believed, the NSA cannot listen to the content of Americans’ phone calls without a specific warrant.” </code></pre> I hesitate to draw any conclusions from that statement given the administration&#x27;s secret lingo and willingness to make the &quot;least untruthful&quot; statements they can conveniently make.<p>Are we to assume that all the concerned agencies and courts have no secret interpretations of the laws to mean otherwise? That they are not technically capable? (I&#x27;ve implemented CALEA in a VoIP network, so I&#x27;m quite sure they can.) That there are actual technical barriers implemented within the agencies which prevent its personnel from doing so without specific legal oversight?<p>Or maybe it&#x27;s just soothing noise with no specific or verifiable meaning.
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mpyne将近 12 年前
The big question I would think is whether or not the NSA can capture a phone call (without an analyst listening to it) with a warrant or not.<p>On the one hand that&#x27;s a phone call which has its own specific wiretap requirements.<p>On the other NSA has been capturing things elsewhere that they need a warrant to look at, so the logic would be similar. And given that most phone calls are probably routed over a computer network by now the wiretap law may not apply directly in NSA&#x27;s view.<p>I said yesterday that it Nadler probably understood &quot;we can capture but not listen to calls&quot; as &quot;we can tap into calls (i.e. eavesdrop)&quot; and so the message the NSA rep delivered is not the one Nadler understood.<p>But that still leaves open the question of whether phone calls <i>can</i> be recorded in NSA&#x27;s view, or whether it&#x27;s just the metadata.
derrida将近 12 年前
&quot;Not true&quot; makes an unwarranted assumption.<p>Watch the video, he has one story from the NSA in a classified hearing and the opposite story from the FBI in an unclassified hearing. Nadler is pleased with the report the FBI gave (requesting tapping for an individual from a court).<p>There&#x27;s still the case of what the NSA said at the classified hearing.
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DennisP将近 12 年前
If they can&#x27;t &quot;listen to&quot; a call without a warrant, can they record the call without listening to it, and get a warrant later?
ganeumann将近 12 年前
Obama says the congresspeople are all briefed up. They say they aren&#x27;t. So they brief them up. Then they&#x27;re confused.<p>The NSA would have been better off not trying to keep the whole program secret, since no one in Washington seems to be able to figure out what&#x27;s going on even when they&#x27;re told.<p>The whole thing has gone from shocking to sad to just plain pathetic.
tzs将近 12 年前
Is there anyway to view that on mobile without being logged in to Twitter? It briefly shows the tweet, then it looks like it decides that since I&#x27;m on iPad I should be on their mobile site and goes to the mobile login page.
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DanielBMarkham将近 12 年前
I started a blog a while back because I do not expect this long-running story of freedom and privacy to move in a straight line from point A to point B. As this story shows, there&#x27;ll be a lot of steps forward, then a couple of steps back. It&#x27;s something that will require chronicling.<p>I won&#x27;t debate the veracity of Congressman&#x27;s Nadler&#x27;s comments either a couple of days ago or today. I&#x27;ll just assume his first comments were correct and unguarded. (They say the definition of a gaffe is when somebody in Washington DC tells the truth)<p>What interests me is this: who got to him? We&#x27;d all like to assume it was some kind of nefarious government source, but my instincts say it was somebody in a leadership position in his own party.<p>We won&#x27;t know, though, either which statement was correct, and if the first one was true, how he was &quot;adjusted&quot; by some external force. Bet it&#x27;s a fascinating story. My money says leadership in both parties are really busy cracking the whip over this behind the scenes.
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teawithcarl将近 12 年前
I believe the NSA scandal is horribly wrong.<p>However, this link shows Trevor Timm&#x27;s latest tweet, which is very important, and supports reporting by Julian Sanchez, where he started to notice the misinterpretation. Accuracy matters.<p><a href="http:&#x2F;&#x2F;www.juliansanchez.com&#x2F;2013&#x2F;06&#x2F;15&#x2F;nadler-and-mueller-on-analysts-getting-call-and-e-mail-content&#x2F;" rel="nofollow">http:&#x2F;&#x2F;www.juliansanchez.com&#x2F;2013&#x2F;06&#x2F;15&#x2F;nadler-and-mueller-o...</a>
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