This, to me, is the more disturbing part of the article:
In this case, the federal government prohibited us from sharing any information," the company said in a statement. "Now that this method has become public we are updating our transparency reporting to detail these kinds of requests.
What is the point of transparency reports if they don't include major vectors of government surveillance?
IMO such gag orders shouldn't be legal when applied to dragnet surveillance. If you want to gag a company from notifying an individual they're being surveilled (with a warrant), then fine. But gagging a company from disclosing untargeted or semi-targeted surveillance, especially if it involves American citizens, seems like it should be unconstitutional on free speech grounds.
perhaps that democracy is not effective when the state organs are unelected bureacrats with guns
I'm not sure why you're being downvoted. That's been a common charge against our vast unelected bureaucracy, most of whom hold qualified immunity. We're trillions of dollars in debt, maybe it's time to peel some of it back a little.
Downvotes are possibly because the unelected bureaucrats with guns are overseen by the elected Executive and Legislature.
Are they though? How about the FDA getting most of its funding by the companies they are supposed to regulate? It's comforting to just trust that bureaucracies are doing what's good for the country, but also naive.
https://aspe.hhs.gov/sites/default/files/documents/e4a791060...
How about the NSA spying on congress?
https://www.theguardian.com/world/2014/jan/04/nsa-spying-ber...
How about the ATF making up laws?
https://nclalegal.org/2019/09/atf-admits-it-lacked-authority...
The only teeth congress has with these bureaucracies is the power of the purse.
Congress created these agencies, they can write laws that fundamentally change how they work, what they do, and what they focus on. They can even just disband these agencies. Congress has all of the power it needs. If they don't use it, maybe what you think should happen doesn't align with the majority of Congress.
You're assuming that the shadow government can't or won't institute regime change when it's threatened. The US Government killed a president, why wouldn't it blackmail congress as well?
With this belief, does anything really matter?
you're right.... The CIA and, by extension, the US government as a whole (or any subgroup thereof) have never altered the outcome of elections anywhere for regime change, and have never instigated color revolutions for regime change.
If your belief is correct in that the Congress and President are coerced into doing what the shadow government wants, then they would have zero need for a revolution or regime change in the United States.
Not true. Congress can make laws defining what those agencies are and are not allowed to do.
And if the agencies go outside the bounds of those laws like some currently do?
Then those who are victimized take it to court. If the agency committed an actual crime, then there's a path for that to be prosecuted as well.
It's certainly not a perfect system, but it's successfully done all the time.
Right, the court isn't congress. My point was the only teeth congress has in regards to the bureaucracies is the power of the purse.
It depends on how you define successfully. I mean they employ people, is that good enough? Do you think they would be more or less effective with a 20% haircut? I don't really know, but members congress probably don't either. Plus, it's bad politics to cut jobs come election time, right? Seems like a perverse incentive for the people charged overseeing the bureaucracies.
Congress can impeach the appointed officers that allowed those violations to happen.
Congress can create new criminal/civil remedies and then create an office tasked just with enforcing them.
Would you prefer elected bureacrats with guns? That scares me more.
Perhaps we just go with rock solid transparency laws...
At least elected bureaucrats are theoretically accountable to the electorate. The gripe comes from things like the unelected bureaucrats at the US Department of Justice deciding that as part of implementing the Americans with Disabilities Act, there are only two limited and inadequate questions you can ask of someone with an apparently bogus service dog or else. That rule didn't come from the people who wrote the law.
In practice that shouldn’t matter, as the law states that any service animal can be turned away so long as the business provides accommodation to the human (which is the point of the limited questions).
The fact this rarely happens is more due to people not actually knowing the law and typically wanting to avoid potential conflict.
"people not knowing the law" can be a symptom of bureaucracy though. How many pages of law do you think exist to open a bagel shop or add a room to your house in SFO?
How is that relevant to the example of enabling disabled folks to interact with society & some bad actors abusing it?
It's a remark about the broader topic of bureaucracy and how you can't blame people for not knowing the nooks and crevasses of modern liberal legislature. You know, "We have to pass the bill so that you can find out what is in it.”
Those unelected bureaucrats play by the rules set by elected bureaucrats, though.
But lawmakers can write a law to address that.
It's a sad day when HN is defending the Patriot Act.
It's more that your parent comment was disingenuous.
Nine times out of ten, the person saying this will turn around and complain about all the "political hacks" running things, referring to political appointees with no experience or background in the area of government they are tasked to run.
The term "unelected bureaucrats" applies to people like...I dunno, the director of the NIH and field office managers. Heck, even a police captain is an "unelected bureaucrat". Sheesh.
The director of the NIH is a prime example of a position the people should have direct control over. As is the police captain. Are you claiming otherwise? Have we really forgotten about 2020 so soon?
People are already overwhelmed by having to vote for the superintendent of their sanitation district
That’s part of the ploy. Give people a million menial jobs to elect so they feel exhausted by the process instead of demanding to have control over the real power.
See also the California senators, which have at this point been unilaterally appointed by Gavin rather than elected by the people. If that wasn’t bad enough, he appointed this latest one based on a personal promise made to put a Black woman in the seat, in exchange for some union to aid in his personal election campaign.
If anyone cared about civics, separation of power, or indeed democracy itself, there’d be rioting in the streets.
You’re saying part of the problem is people overwhelmed by menial job elections yet say people should elect police captains. Should they then also elect deputy police chiefs, police chiefs? Also, anyone that knows their civics would know that what Newsome did is covered in the US Constitution.
I was imprecisely using "captain" in the "person in change" sense, Chief/Commissioner of police would be the more accurate term, and yes they should absolutely be elected.
As for your alleged lesson in civics, the actual matter is covered by the 17th amendment to the constitution, which states:
- U.S. Cons. amend. XVII § 2, emphasis mine
So then the question is how has the CA legislature directed the executive thereof to make temporary appointments? The answer to that lies in the California Code:
- Cal. Elec. Code § 10720, emphasis mine
So we're left with a very simple question: Was Laphonza Butler an elector of the state of CA at the time she was appointed to fill the vacancy by Gavin? If not, Gavin was operating outside his authority as granted by the CA Legislature, and accordingly in volition of the 17th amendment to the US Constitution.
And the answer to that is very simple, a resounding "No":
- https://www.sfchronicle.com/politics/article/laphonza-butler..., emphasis mine
history has shown that clumsy bureaucrats with slow erosion of rights is still superior to belligerents with guns in a mob
Seems like a pretty open and shut case of unconstitutional restriction of speech in the US. Especially when you consider the wording of the Apple communication saying that they can talk about it openly now that it's public knowledge.
Given the US has a 4th Amendment-free zone within 100 miles of all national borders in the name of national security, I expect the same justification and level of oversight here.
https://www.aclu.org/documents/constitution-100-mile-border-...
This is a common misconception. The 100 mile radius does not waive 4th Amendment protection. A reasonable suspicion of immigration law violation is still required to detain, search and ultimately arrest individuals. To wit: please name a single instance of someone having their rights abused by this so-called "zone".
Not sure why down voted. Even the quoted article states:
In practice, "reasonable suspicion" means "whenever they want."
If you're taking this view, any armed forces can do whatever they want and the constitution is just a piece of paper.
In practice, the evidence gathered by unlawful searches is going to be discarded in a court of law. Other wise said, there is no carving in penal law for "100 miles " from the border.
Maybe. Probably? But this isn't always the critical question.
Sometimes, "You May Beat the Rap, But You Can't Beat The Ride" is the problem.
I don't understand how you reach this conclusion.
Yes, of course. What I'm talking about is the threshold for when evidence is considered "unlawful".
The "reasonable suspicion" threshold is intentionally an extremely low bar. Low enough that it's barely a meaningful threshold. In practice, it's incredible easy for any officer to make up some articulable suspicion for pretty much anything.
The potential to abuse power is not a reason to disavow it.
Yes, yes it is.
This article [0] lists several cases of warrantless searches, one of which was in Florida. Apparently that 100 mile radius isn't just from the Canadian border or the Mexican border, it's also 100 miles from any coast, which means that 2/3 of the population lives within that radius.
As far as "reasonable suspicion" goes, I'm increasingly unwilling to support the right of law enforcement to independently, without oversight, determine what is "reasonable".
[0] https://www.nationalreview.com/2018/02/border-patrol-warrant...
Where is the "warrantless search"?
None of those are searches, they are temporary detentions with strong legal basis and case law going back to Terry. To wit:
Ignorance of the law != warrantless searches. Arm yourself with knowledge, just as the Founding Fathers intended.
I frankly don't care what's legal or not at this point. The surveillance and police state has gotten out of control, and needs to be rolled back. If we constantly just accept past precedent as dictating our future, our rights will be chipped away one by one.
I don't want to live in a society where I can be stopped and asked for identification by law enforcement at any time. Most Americans don't, that's why we still don't have a proper national ID. I consider that to be a warrantless search regardless of what the law currently says.
I find that most people who pretend to speak for "the Founding Fathers" are extremely ignorant of the actual motivations of these people who lived 200 years ago. I won't pretend to speak for them, but I will note that I strongly suspect that the smugglers and tax evaders who signed the Declaration of Independence would probably not be in favor of the ever-growing police state we have today.
Regardless, what they wanted is immaterial—they set up this country for us, and presumably expected us to lead it after their deaths.
Oh, but you should - your freedom may depend on it.
Maybe, but this is the world we presently find ourselves living in, and we can either choose to become empowered with knowledge about it, or throw a hyperbolic tantrum and wish for the moon.
You don't, at least not in the US. If you took more time to care about the laws you decry, you would know there is no such requirement, unless you have been suspected of a crime by a lawful sworn agent of the state. Which is a reasonable compromise in a society.
I agree. Those individuals knew well what an unchecked government can do, and took many reasonable precautions to safeguard against such infringements and tyranny. They were of course imperfect in their implementation, but the principals they set forth (freedom of speech, defense, religion, &c.) formed a radically different society to anywhere else on the planet today. Which is why I'm always puzzled when people disregard their hard work to take some agency's word and propaganda at face value, rather than consulting the original tenets which founded this great country.
They generally ask. If you refuse, you are now suspected of a crime. If you refuse again… well, I hope you like the back of a squad car.
Source: went for a walk in my own neighborhood at 3am.
If you took the time to read the article I sent you, you would know that CBP asserts that it has the right to get onto any bus at any time and demand to see proof of citizenship for anyone on board.
You can wave the book at me all day long, but what actually matters is how the law is implemented in practice, and it's pretty clear that law enforcement does, in fact, claim the right to stop anyone at any time and ask for ID.
https://radiolab.org/podcast/border-trilogy-part-1
Poor school kiddos. :( Anyway, if you prefer text, click the transcript. I recommend listening though, if you have time!
The format of this podcast is insufferable, like listening to two befuddled people in a retirement home exchange "witty" banter.
I looked it up though. This was 30 years ago. The court issued Border Patrol an injunction and protected students from discimination. A perfect example of the legal system acting justly and prudently, which only supports my argument that unbridled searches within 100 miles of the border is hyperbole only.
Not to get too far off on a tangent here, but I can't agree more. This style of podcast where a simple story is endlessly drawn out with unnecessary audio being inserted, useless details, and constant repetition without getting to the point makes getting any information at all feel like pulling teeth. I've seen it imitated in other podcasts too so the poison is spreading.
https://en.m.wikipedia.org/wiki/Third-party_doctrine
I don’t think third-party doctrine applies to the gag order, but it is relevant to the surveillance being discussed in this post.
Free speech: are you saying it is guaranteed for companies?
I wish it didn't cost a lot of money and years of your life to beat these over-reaches.
How exactly do you bring suit on this matter?
Hey we would like to bring suit because the government says we can't talk about them doing X. Oh no, that would be talking about doing X!!
I see you have not read the Patriot Act, an Orwellian double-speak of a title if there ever was one.
Is it really that hard for the government to get a warrant for a suspected terrorist?
Is there any data on how often they're surveilling people without warrants vs with warrants?
This seems like important info to know.
Having data on illegal searches would require an insider leaking that information. Nobody has any semblance of a clue how much illegal data sniffing is happening, and it’s even more questionable since the USA and five eyes continues to degrade basic privacy.
But won’t someone think of the children!?
You're missing the point, in this case they don't even need the warrant at all. And yes, it is because you would have to ask a judge for each and every person surveiled and then provide a reason. They wouldn't have any reason for the drag net and would be denied.
The first "paper" I ever wrote was an anti-USA PATRIOT Act paper for a scholarship competition in 2003 when I was 17 where I was awarded $1,000. Literally the only thing I remember is what the acronym USA PATRIOT stands for.
Uniting and Strengthening American by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism.
It really is one of the best double-speak bill titles ever.
If I’m not mistaken they’re called NSLs and the legality of them when challenged are reviewed by a secret court with secret laws that have secret interpretations of words. The whole thing as far as I can tell is an out of control nightmare and our corrupt congress doesn’t give a shit.
Actually quite a few members of congress do give a shit. Unfortunately they're the same members of congress maligned as MAGA extremists or whatever (in some cases that might be accurate, but it doesn't mean they're wrong about every political position they hold).
If you actually take a second to listen to Matt Gaetz, for example, you might be surprised to learn his (rather principled) positions are much closer to those of AOC than to President Orange, at least in some dimensions. He wants to require single-issue bills, and to completely eliminate FISA-702. Ironically, it seems like FISA will be reauthorized as part of an omnibus spending bill...
I meant Congress as a body doesn’t care, which IMHO is proven by the fact that decade after decade congress as a body does nothing to remedy these problems. Actually the 1984 nightmare just gets worse.
Support from members here and there is nice but in reality for the 20 years I’ve been paying attention has resulted in nothing.
This is why warrant canaries can be useful in privacy policies, at least for smaller/startup companies. The apple/google/microsoft/amazon/metas of the world would have had to remove the canary long ago, though.
No competent startup or small business would take on such a legal risk. And anyway, a sure conclusion can already be reached on the basis of reasoning about the complete and total lack of warrant canaries anywhere.
Every Monday morning - since 2006:
https://rsync.net/resources/notices/canary.txt
This is why I never believe Apple's "We're super serious about your privacy!"
That is until a government asks them to do things behind the scenes.
How many times did those of us who knew all of this to be a farce warned about this?