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posted by janrinok on Friday November 21 2014, @12:19AM   Printer-friendly
from the deny-it-now-do-it-later dept.

The law which authorized the NSA's bulk phone records collection to continue is supposed to sunset June 1, 2015 unless reauthorized. But as the New York Times reports. that may not be the end of it.

A little-known provision of the Patriot Act, overlooked by lawmakers and administration officials alike, appears to give President Obama a possible way to keep the National Security Agency’s bulk phone records program going indefinitely — even if Congress allows the law on which it is based to expire next year. [...]

Several executive branch officials said the [Obama] administration had not been studying that option and expressed doubt that Mr. Obama would take such a step, or that the Surveillance [FISA] Court would agree to it if he tried. Still, the mere existence of a potential way for the program to keep going without congressional action could recast the debate.

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  • (Score: 2, Insightful) by Anonymous Coward on Friday November 21 2014, @12:25AM

    by Anonymous Coward on Friday November 21 2014, @12:25AM (#118335)

    They're collecting a lot more than just phone data, anyway.

    • (Score: 2) by Jeremiah Cornelius on Friday November 21 2014, @01:45AM

      by Jeremiah Cornelius (2785) on Friday November 21 2014, @01:45AM (#118356) Journal

      It will never go back to "normal".
      The "indefinite" emergency is now "permanent".
      There will never again be a law that you can vote to rescind.
      You will be allowed the thinly presented, comfortable illusions of a "middle class" and the cathartic lull of "democracy" under the managed benefits of "capitalism".
      As long as these remain less expensive and more effective than mass-incarceration and forced-labour.

       

      No.6: “The whole earth as. . . `The Village'?”
      No.2: “That is my hope. What's yours?”
      No.6: “I'd like to be the first man on the moon.”

      --
      You're betting on the pantomime horse...
      • (Score: 0) by Anonymous Coward on Friday November 21 2014, @02:43AM

        by Anonymous Coward on Friday November 21 2014, @02:43AM (#118365)

        "You will be allowed the thinly presented, comfortable illusions of a "middle class" and the cathartic lull of "democracy" under the managed benefits of "capitalism"."

        It's been this way for a very, very, VERY long time.

      • (Score: 2) by Thexalon on Friday November 21 2014, @02:59AM

        by Thexalon (636) on Friday November 21 2014, @02:59AM (#118368)

        The "indefinite" emergency is now "permanent".

        Officially, the US has been in a state of at least one emergency since 1933. That's because presidents can do things during an emergency that they can't at any other time. So to say it's some sort of change in the situation would be really not exactly true.

        --
        The only thing that stops a bad guy with a compiler is a good guy with a compiler.
      • (Score: 3, Funny) by TheGratefulNet on Friday November 21 2014, @03:06AM

        by TheGratefulNet (659) on Friday November 21 2014, @03:06AM (#118369)

        No. 6: "I am not a number! I'm a free man!!"
        google/nsa: "bwahahahaha!"

        (FTFY)

        --
        "It is now safe to switch off your computer."
    • (Score: 2) by davester666 on Friday November 21 2014, @05:39AM

      by davester666 (155) on Friday November 21 2014, @05:39AM (#118393)

      Yes, that's it. This part of the law has been long "overlooked". So now, instead of the law having to be renewed for it to remain valid, it has to be explicitly repealed. Oops. How did that happen? Oh well, there's simply no way to find out or do anything about it now.

  • (Score: 1, Insightful) by Anonymous Coward on Friday November 21 2014, @01:03AM

    by Anonymous Coward on Friday November 21 2014, @01:03AM (#118349)

    Sometimes I feel that these interpretations of the law that "they" have are made up as they go along to justify what is being done.

  • (Score: 0) by Anonymous Coward on Friday November 21 2014, @01:25AM

    by Anonymous Coward on Friday November 21 2014, @01:25AM (#118352)
  • (Score: 2) by frojack on Friday November 21 2014, @01:53AM

    by frojack (1554) on Friday November 21 2014, @01:53AM (#118358) Journal

    expressed doubt that Mr. Obama would take such a step,

    Given the blatant disregard for the law expressed this very evening by this president, how could anyone doubt he would take that step.

    Gives a whole new meaning to "Oh yes we can".

    --
    No, you are mistaken. I've always had this sig.
    • (Score: 0) by Anonymous Coward on Friday November 21 2014, @02:44AM

      by Anonymous Coward on Friday November 21 2014, @02:44AM (#118366)

      wahwahwah, just another part of herd

    • (Score: 0) by Anonymous Coward on Friday November 21 2014, @02:06PM

      by Anonymous Coward on Friday November 21 2014, @02:06PM (#118479)

      Given the blatant disregard for the law expressed this very evening by this president, how could anyone doubt he would take that step.

      You mean how he's getting undocumented people to put their names and addresses on a list in exchange for a promise that his administration will not deport them? Obama's administration expires in two years, and whoever comes in after is allowed to set whatever enforcement priorities it likes. If post-Obama thinks is easier to deport the 5 million people on this list of admittedly undocumented people than to check whether every felon is properly documented, he can do just that.

      Obama hasn't changed the law. He's set enforcement priorities, like telling the local police to spend more time investigating burglaries and less time writing tickets for jaywalking.

      • (Score: 0) by Anonymous Coward on Friday November 21 2014, @03:33PM

        by Anonymous Coward on Friday November 21 2014, @03:33PM (#118512)

        like telling the local police to spend more time investigating burglaries and less time writing tickets for jaywalking

        Ask new york how that worked out for them. They had better success with chasing the small stuff and the big stuff took care of it self very well.

        As for immigration it does not matter. They are here. I would rather them on the books and paying taxes like the rest of us.

        At this point they have already immigrated. It is a done deal. You can send a few back here and there. But overall they are here. At this point we are arguing over semantics.

        I also am in favor of it as I am tired of my fellow Americans taking advantage of them and our SS/tax system. I do not care which way they vote. They live in our communities why should they not have a say?

        I am pretty much opposed to everything Obama stands for. I am still opposed for his reasoning behind doing this too, buying favor, and a seemingly blind hatred of Republicans. Instead of 'this is the right thing to do'. Instead of selling it and getting congress/senate on his side he is again bullying his way thru it with a just shut up and do what I say mentality. I have yet to hear his speech to the people as to why this should be done. Instead of 'I am going to do it anyway' that I have heard from all the news rags. That is the truly sad thing. He does not even want to use the very system he is considered 'in charge of'. He took a wonderful opportunity of good will and squandered for something as petty as a 'we vs they' attitude.

  • (Score: 2, Insightful) by Gravis on Friday November 21 2014, @01:57AM

    by Gravis (4596) on Friday November 21 2014, @01:57AM (#118359)

    unless the law starts getting in enforced, they will continue violating the constitution.

  • (Score: 0) by Anonymous Coward on Friday November 21 2014, @02:13AM

    by Anonymous Coward on Friday November 21 2014, @02:13AM (#118361)

    The secret court. Just like when Snowden leaks first happened, ah but the secret court said it was OK. 5 eyes basically share a database of all their citizens. And they collect whatever they can. I bet you they only claimed "just metadata" because they hadn't yet / were still working on forcing companies. All responsibility of overstep evaporates - alas the secret court.

  • (Score: 3, Insightful) by mendax on Friday November 21 2014, @02:28AM

    by mendax (2840) on Friday November 21 2014, @02:28AM (#118363)

    This article asks a rhetorical question. The law may expire and the government may choose not to use that little provision in the Patriot Act to continue it. But that doesn't mean it will not go on. These people care NOTHING about the law. The NSA's illegal and unconstitutional actions will never stop until people at the top are given prison sentences and lose their pensions because of it. The former head of the NSA James Clapper can go first for the lies he told to Congress, then for the illegal actions he approved. But that will never happen as long as Congress is populated by walking penises (the ties keep the foreskin from going over their heads) who are more interested in their perks and privileges and staying in office than the health of the country.

    --
    It's really quite a simple choice: Life, Death, or Los Angeles.
  • (Score: 3, Interesting) by gman003 on Friday November 21 2014, @03:43AM

    by gman003 (4155) on Friday November 21 2014, @03:43AM (#118380)

    Your choices are either shut this shit down, drop the Gestapo act and bring us back to a real democracy, or be first against the wall when the revolution comes and WE shut this shit down.

    There's checks and balances. If Congress wanted to, they could easily impeach him for this, or defund the NSA et al. themselves. Obama, you could unilaterally shut it all down - just because Congress allocates a budget for it, doesn't mean you have to spend that money. And if the Supreme Court stopped hiding like cowards, they could also shut everything down. All three of the branches are in on it, either by action or inaction. They've gotten away with it for now, but the longer they try to keep it up, the worse it will be for them when the inevitable happens.

    • (Score: 2) by Phoenix666 on Friday November 21 2014, @03:39PM

      by Phoenix666 (552) on Friday November 21 2014, @03:39PM (#118515) Journal

      There is no one left to enforce the law. Not even the corporate media will call them out on it, because they're part of it, too. Everyone in the world now knows this (as opposed to cynically suspecting it, as before).

      The French Revolution will look like a dress rehearsal when this breaks. I read about the 1% building their panic rooms, buying armored SUVs and hiring extra security, and it makes me laugh. As if there weren't such a thing as thermite, or as if there aren't millions upon millions of guns in private hands in this country (many of very high caliber) and widespread knowledge of chemistry and explosives to make all kinds of improvised weapons.

      The citizenry have allowed them their wealth thus far because we had all been sold on the idea if we work hard enough and take calculated risks that we too could advance our material well-being. Except, we'd had it stolen away in the dead of night in a thousand ways, many through the corrupt finance system, many others through a thousand small taxes and surcharges and fees. And now it's been substantiated that this is in fact what has happened.

      And it doesn't look like the power elite are capable of change, and have instead responded to this revelation by stealing faster and faster, more and more, hoping to swipe another hundred billion before the fall comes. So it looks like it is not a question of If anymore, but a question of When.

      --
      Washington DC delenda est.
  • (Score: 1, Informative) by Anonymous Coward on Friday November 21 2014, @05:23AM

    by Anonymous Coward on Friday November 21 2014, @05:23AM (#118388)

    - DETEKT

    What is Detekt and how does it work?

    "Detekt is a free tool that scans your computer for traces of known surveillance spyware used by governments to target and monitor human rights defenders and journalists around the world. By alerting them to the fact that they are being spied on, they will have the opportunity to take precautions.

    It was developed by security researchers and has been used to assist in Citizen Lab's investigations into government use of spyware against human rights defenders, journalists and activists as well as by security trainers to educate on the nature of targeted surveillance.

    Amnesty International is partnering with Privacy International, Digitale Gesellschaft and the Electronic Frontier Foundation to release Detekt to the public for the first time."

    ###

    Official Sites:

    https://resistsurveillance.org/ [resistsurveillance.org]
    https://github.com/botherder/detekt [github.com]
    https://github.com/botherder/detekt/releases/latest [github.com]
    https://github.com/botherder/detekt/tree/master/rules [github.com]

    - version 1.1 download (Nov 20, 2014) .exe & sig
    https://github.com/botherder/detekt/releases/tag/v1.1 [github.com]

    ###

    - Detekt Author's GPG key:

    The distributed binary is signed with my personal PGP key, the public key is available at

    https://nex.sx/nex.asc [nex.sx]

    ###

    - More info/News stories:

    https://www.eff.org/deeplinks/2014/11/detekt-new-malware-detection-tool-can-expose-illegitimate-state-surveillance [eff.org]
    http://www.theguardian.com/world/2014/nov/20/amnesty-launches-detekt-app-scan-for-spyware [theguardian.com]
    http://www.amnesty.org/en/news/detekt-new-tool-against-government-surveillance-questions-and-answers-2014-11-20 [amnesty.org]
    http://www.amnestyusa.org/news/news-item/detekt-new-tool-against-government-surveillance-questions-and-answers [amnestyusa.org]
    https://en.wikipedia.org/wiki/Detekt [wikipedia.org]
    https://threatpost.com/detekt-tool-puts-surveillance-spyware-on-notice/109508 [threatpost.com]
    https://firstlook.org/theintercept/2014/11/20/us-firms-accused-enabling-surveillance-central-asian-states/ [firstlook.org]
    http://www.bbc.com/news/technology-30115679 [bbc.com]
    http://www.zdnet.com/amnestys-detekt-tool-wants-to-help-you-thwart-government-spying-7000036005/ [zdnet.com]

    ###

    - Author's Twitter Page:

    https://twitter.com/botherder [twitter.com]

    • (Score: 1, Troll) by mendax on Friday November 21 2014, @05:28AM

      by mendax (2840) on Friday November 21 2014, @05:28AM (#118390)

      Thanks for the commercial, troll.

      --
      It's really quite a simple choice: Life, Death, or Los Angeles.
      • (Score: 0) by Anonymous Coward on Friday November 21 2014, @05:36AM

        by Anonymous Coward on Friday November 21 2014, @05:36AM (#118392)

        boo hoo someone posts something more interesting than my post on the site

        boo hoo

    • (Score: 2) by opinionated_science on Friday November 21 2014, @02:03PM

      by opinionated_science (4031) on Friday November 21 2014, @02:03PM (#118477)

      any linux holes? We could look at the source and patch them...;-)

  • (Score: 1, Insightful) by Anonymous Coward on Friday November 21 2014, @09:42AM

    by Anonymous Coward on Friday November 21 2014, @09:42AM (#118424)

    Make no mistake, it will go on, no matter what the people, the legislatures or the president decide.