From: Lloyd Parker on
In article
<kurtullman-32C18F.14223605102006(a)customer-201-125-217-207.uninet.net.mx>,
Kurt Ullman <kurtullman(a)yahoo.com> wrote:
>In article <eg3f0u$j7l$8(a)leto.cc.emory.edu>,
> lparker(a)emory.edu (Lloyd Parker) wrote:
>
>>
>> First, we don't know that. Secondly, when did the 4th amendment get
repealed
>> for an American citizen calling, say, France?
>
> Didn't. If the American is CALLING France, warrants are still needed,
>even under the Bush statement. When calls originate OUTSIDE the country
>and just come, then Bush says they don't need warrants. This is backed
>up by current law, more or less.

Which law is that?

>If there is a legal tap on Goomba 1,
>then if Goomba 2 calls G1, anything G2 says is usable against G2,
>because the tap was legal.
> In this case, when calls originate outside the US, there are no
>requirements for warrant. Thus, if Terrorist 1 calls Terrorist 2 in
>Pakistan it is legal. If T1 calls T3 in Newark it is also legal.
> If one phone is legally tapped any calls to or from that phone are
>fair game.

The issue is "domestic wiretapping" though.
From: Lloyd Parker on
In article <FObVg.51593$E67.21082(a)clgrps13>,
"Homer J Simpson" <nobody(a)nowhere.com> wrote:
>
>"Keith" <krw(a)att.bizzzz> wrote in message
>news:MPG.1f8ef7a64499f172989d95(a)News.Individual.NET...
>
>> Nope. not good enough. If the call is suspect it can't wait a
>> "certain number of hours". The value is gone by the time they can
>> call a FISA judge.
>
>Apparently you can't read. They have 72 hours to notify the FISA court that
>they have done it, AFTER they have done it.
>
>The complaint now is that they refuse to record what they did and then have
>it logged to a secret court. That is troubling.
>
>
>
>
>
>

Keith doesn't let facts interfere with his ranting.
From: Lloyd Parker on
In article <MPG.1f8f092b8bc56682989d9c(a)News.Individual.NET>,
Keith <krw(a)att.bizzzz> wrote:
>In article <eg327g$5l0$3(a)leto.cc.emory.edu>, lparker(a)emory.edu
>says...
>> In article <MPG.1f8dd5b29aa6ac49989d7a(a)News.Individual.NET>,
>> Keith <krw(a)att.bizzzz> wrote:
>> >In article <eg0vov$s36$2(a)leto.cc.emory.edu>, lparker(a)emory.edu
>> >says...
>> >> In article <MPG.1f8db882374b5dc7989d6c(a)News.Individual.NET>,
>> >> Keith <krw(a)att.bizzzz> wrote:
>> >> >In article <eg0k2p$e61$1(a)leto.cc.emory.edu>, lparker(a)emory.edu
>> >> >says...
>> >> >> In article <MPG.1f8d91f2b6b5c0e8989d5f(a)News.Individual.NET>,
>> >> >> Keith <krw(a)att.bizzzz> wrote:
>> >> >> >In article <efugkv$4up$3(a)leto.cc.emory.edu>, lparker(a)emory.edu
>> >> >> >says...
>> >> >> >> In article <nrc5i2tq8jr4k99aqofmbbesm7em13ktok(a)4ax.com>,
>> >> >> >> John Larkin <jjlarkin(a)highNOTlandTHIStechnologyPART.com> wrote:
>> >> >> >> >On Tue, 03 Oct 2006 18:28:11 GMT, "Homer J Simpson"
>> >> >> >> ><nobody(a)nowhere.com> wrote:
>> >> >> >> >
>> >> >> >> >>
>> >> >> >> >>"Lloyd Parker" <lparker(a)emory.edu> wrote in message
>> >> >> >> >>news:eftptn$c8p$2(a)leto.cc.emory.edu...
>> >> >> >> >>
>> >> >> >> >>> Tell me how many times the Bill of Rights says "people" and
how
>> many
>> >> >> times
>> >> >> >> >>> it
>> >> >> >> >>> says "citizens."
>> >> >> >> >>
>> >> >> >> >>SCOTUS has said that even visitors have the rights of citizens
when
>> it
>> >> >> come
>> >> >> >> >>to legal processes. After all, you expect their homeland laws
to
>> >> apply
>> >> >> in
>> >> >> >> >>the US would you?
>> >> >> >> >>
>> >> >> >> >>
>> >> >> >> >
>> >> >> >> >Correct. But they also realize that the rights apply only when
those
>> >> >> >> >people are physically in the USA. Which is why some bad guys are
>> held
>> >> >> >> >elsewhere.
>> >> >> >> >
>> >> >> >> >John
>> >> >> >> >
>> >> >> >> >
>> >> >> >> Well, Bush thought Gitmo qualified as "elsewhere" but the USSC
said
>> no.
>> >> >> Then
>> >> >> >> he held people in Europe, which is raising a stink there. It
might
>> keep
>> >> >> some
>> >> >> >> prospective EU members out even.
>> >> >> >
>> >> >> >Actually, no it didn't. It said only that Congress had some say in
>> >> >> >the matter.
>> >> >> >
>> >> >> No, Bush claimed the detainees could not sue in US courts and the
case
>> >> should
>> >> >> be dismissed. The USSC said they could, and heard the case. Not
>> talking
>> >> >> about the way of trying them; talking about the right to sue.
>> >> >
>> >> >No, it said that the Bush plan hadn't been authorized by congress,
>> >> >but that they were free to do so.
>> >> >
>> >> >---
>> >> > Keith
>> >>
>> >> No, Bush claimed the court didn't even have the right to hear the case
>> >> because they were held outside the US, at Gitmo. The USSC obviously
>> >> disagreed, as they heard the case.
>> >>
>> >They heard the case but the decision was that his plan couldn't go
>> >forward without congressional approval. Pay attention.
>> >
>>
>> The military commissions part. Bush tried to claim Gitmo was outside the
>> federal courts' jurisdiction. The courts all rejected that.
>
>You're repeating yourself. The fact is that they ruled that Bush
>could do whatever Congress allowed him to do, but that the
>framework had to be set in law.

One more time: First, Bush argued the courts could not even hear the case.
The courts all ruled they could.

>
>> >BTW, the SCotUS is not superior to any other branch, or at least is
>> >not supposed to be. They've been told before "with what army are
>> >you going to enforce your decision".
>> >
>>
>> Oh great, the stupid response.
>
>Nope, history. Tr reality some time. It's quite interesting.
>
From: Lloyd Parker on
In article <qkrai2hvpp43t4lpu1ttca9tpq8ueb94qr(a)4ax.com>,
John Larkin <jjlarkin(a)highNOTlandTHIStechnologyPART.com> wrote:
>On Thu, 05 Oct 2006 15:03:17 GMT, <lucasea(a)sbcglobal.net> wrote:
>
>>Which one would that be, the dangers of driving on the nation's highways?
>>That's at least 3 orders of magnitude greater of a real threat to every
>>person in the country than is terrorism.
>
>3000 people died at the WTC. Three orders of magnitude from that is 3
>million. We kill about 40K people a year in car accidents.
>
>John
>
>

3000 people in say, a 20-year span vs 800,000 people in a 20-year span with
cars. Or take the 500,000 who die every year from tobacco-caused illnesses.
As many people die every 3 days from that as died in the WTC. Why isn't Bush
tapping the phones of the tobacco execs?
From: Lloyd Parker on
In article <yecVg.8912$GR.1933(a)newssvr29.news.prodigy.net>,
<lucasea(a)sbcglobal.net> wrote:
>
>"Lloyd Parker" <lparker(a)emory.edu> wrote in message
>news:eg32m2$5l0$8(a)leto.cc.emory.edu...
>> In article <lef8i2prust90bdlna6vmp1r0h9p7a7a95(a)4ax.com>,
>> Jim Thompson <To-Email-Use-The-Envelope-Icon(a)My-Web-Site.com> wrote:
>>>On Wed, 04 Oct 2006 22:52:37 GMT, Kurt Ullman <kurtullman(a)yahoo.com>
>>>wrote:
>>>
>>>>In article <peb8i2lf4af0irq171tqukscc9n0lec541(a)4ax.com>,
>>>> Jim Thompson <To-Email-Use-The-Envelope-Icon(a)My-Web-Site.com> wrote:
>>>>
>>>>> On Wed, 04 Oct 2006 21:51:21 GMT, Kurt Ullman <kurtullman(a)yahoo.com>
>>>>> wrote:
>>>>>
>>>>> >In article <HLVUg.13315$7I1.5654(a)newssvr27.news.prodigy.net>,
>>>>> > <lucasea(a)sbcglobal.net> wrote:
>>>>> >
>>>>> >
>>>>> >> I don't care. If you're listening to a phone call to which the
>>>>> >> phone
>> in
>>>>> >> my
>>>>> >> living room is party, then as a citizen of the US, I demand that
>>>>> >> your
>>>>> >> listening be carried out according to my Constitutional rights.
>>>>> >
>>>>> > Probably is. Under a warrant for a phone anything that goes on over
>>>>> >that phone is legally admissable, even if the other person's phone
>>>>> >doesn't have a warrant on it. It well settled that as long as one
>>>>> >phone
>>>>> >is legally tapped, any phone that calls it or is called by it is fair
>>>>> >game. Since there are no restrictions on tapping a phone outside of
>>>>> >the
>>>>> >country, it would be legal tap. Thus anyone the phone calls or anyone
>>>>> >who calls the phone could be listened to as noted. Would be a rather
>>>>> >interesting case to make.
>>>>>
>>>>> And it varies state-by-state... it is legal in Arizona to record all
>>>>> calls on your own phone, _without_ notifying the other party.
>>>>>
>>>>> All I need to do is push a button ;-)
>>>>
>>>> There are two different things going on here. One is what you can
>>>>do as private citizen, which in AZ is that all are fair game. But we
>>>>were talking about what goverment (be it under the mantel of cop-dom or
>>>>spook-dom) can do. Whole 'nother kettle of fish..
>>>
>>>Of course. But I can record and then hand over to the government, no
>>>sweat, no warrant, nada.
>>>
>>> ...Jim Thompson
>>
>> And it can be thrown out.
>
>Maybe, maybe not, but in any case, the scenario that Jim presented is
>immaterial. It is still a private citizen behaving as a private citizen.
>Now, if the government were to come to that citizen and say "please tap your
>phone when you call X", it would be thrown out in most courts in the US,
>since that person would be interpreted as working as an ad hoc agent of the
>government. The US Constitution only says what the Federal government can
>and cannot do. Period. There is a reason that essentially every single
>clause in the Constitution says: "Congress shall", or "The Federal
>Government shall". A Constitution is a list of rules what a *government*
>can and cannot do to or for its citizens. The fact that a private citizen
>can do something in no way means that the Federal government is allowed to
>do the same thing.
>
>Oh, and there is also a Federal law that say in any recording of a phone
>conversation, at least one of the parties to the conversation must be aware
>of the recording. So if Jim calls me, John cannot record the phone call
>unless either Jim or I know the recording is taking place. Of course,
>Federal laws only apply to interstate calls, but Jim is in Arizona and I'm
>in Ohio (or am I?), so there you have it.
>
>Eric Lucas
>
>

And some states have more restrictive laws. See
http://www.wrf.com/publication_newsletters.cfm?id=10&publication_ID=12703, for
example.