Tuesday, January 10, 2006

Is It Domestic Spying?

Is there a lawyer is the house? I need legal counsel.

I may be completely wrong but I think I know why the POTUS has the legal authority to 'spy on Americans.' It boils down to clarifying & simplifying the situation.

What is happening? The government uses 'super computers' to spot 'keywords' (join the Protest!). The previous link provides an excellent example of the type of words searched for by the computers. Humans are not involved unless the computer spots a 'red flag'.

What matters? Postings on this page are transfers of information. They are international in nature because the information can be accessed (you guessed it) internationally. The transfer of information across national borders during wartime has ALWAYS been subject to military censorship. Example: During WWII, American officers censored the mail of enlisted men within their unit. A hypothetical: Would an American be allowed to radio the Germans during WWII?

How it happens today... Don't think of a mobile phone as a phone. Think of it as a sophisticated radio. Radios (and mobile devices) transfer information by sending it through the airwaves. Any individual (or government) is free to have a device capable of retrieving that information because it is in the public domain (the airwaves).

What the law says... The judiciary (still with me counselor?) has ruled there is no reasonable expectation of privacy when transferring information through the public domain. If the transfer occurs through a land-line phone, there is a reasonable expectation of privacy because a private company owns the transfer medium (the phone-line). Using the airwaves to transfer information is tantamount to walking down the street in a sandwich board; it allows all within range to consume the information.

Are there any shysters out there capable of correcting any misstatements? (If so, resist the urge to bill me afterwards...)
Read A Word on Domestic '007' for more.

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