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The Executive Order That Led To Mass Spying, As Told By NSA Alumni

wiredlogic Only government workers and contractors (48 comments)

It's good to see that EO12333 has been placed in the spotlight. It always irked me how it tries to run around the constitution. The whole order is filled with phony "prohibitions" on government power with open-ended exceptions that can be invoked at any time.

My favorite parts:

2.3Collection of Information.
(e) Information needed to protect foreign intelligence or counterintelligence sources or methods from unauthorized disclosure. Collection within the United States shall be undertaken by the FBI except that other agencies of the Intelligence Community may also collect such information concerning present or former employees, present or former intelligence agency contractors or their present or former employees, or applicants for any such employment or contracting;

So basically any government agency can be tasked to collect domestic information without the pesky oversight the FBI has to deal with.

2.4Collection Techniques. Agencies within the Intelligence Community shall use the least intrusive collection techniques feasible within the United States or directed against United States persons abroad. Agencies are not authorized to use such techniques as electronic surveillance, unconsented physical search, mail surveillance, physical surveillance, or monitoring devices unless they are in accordance with procedures established by the head of the agency concerned and approved by the Attorney General. Such procedures shall protect constitutional and other legal rights and limit use of such information to lawful governmental purposes. These procedures shall not authorize:

(b) Unconsented physical searches in the United States by agencies other than the FBI, except for:
        (1) Searches by counterintelligence elements of the military services directed against military personnel within the United States or abroad for intelligence purposes, when authorized by a military commander empowered to approve physical searches for law enforcement purposes, based upon a finding of probable cause to believe that such persons are acting as agents of foreign powers; and
        (2) Searches by CIA of personal property of non-United States persons lawfully in its possession.
(c) Physical surveillance of a United States person in the United States by agencies other than the FBI, except for:
        (1) Physical surveillance of present or former employees, present or former intelligence agency contractors or their present of former employees, or applicants for any such employment or contracting; and
        (2) Physical surveillance of a military person employed by a nonintelligence element of a military service.

They've tried to be clever and hide what they did here with a double negative spread across two clauses. Effectively all defense contractor employees are subjected to domestic spying which was part of the rationale for justify creating the surveillance apparatus. They don't disclose that when you sign the contract suspending your rights when you apply for a security clearance. Note that that much of the internet enabled surveillance programs were instituted pre-9/11 under Clinton and not by Bush2 and this was going on before the PATRIOT act madness.

2.5Attorney General Approval. The Attorney General hereby is delegated the power to approve the use for intelligence purposes, within the United States or against a United States person abroad, of any technique for which a warrant would be required if undertaken for law enforcement purposes, provided that such techniques shall not be undertaken unless the Attorney General has determined in each case that there is probable cause to believe that the technique is directed against a foreign power or an agent of a foreign power. Electronic surveillance, as defined in the Foreign Intelligence Surveillance Act of 1978, shall be conducted in accordance with that Act, as well as this Order.

This is the kicker. This mealymouthed legalese effectively suspends the 4th amendment by granting the USAG a rubber stamp to authorize warrantless collection. Just like FISA this is an approval that is always given.

19 minutes ago
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Google Wins $1.3 Million From Patent Troll

wiredlogic Re:Judicial Order (33 comments)

The incentive is to prosecute the troll lawyers for barratry. Too bad DAs only selectively administer the law when it comes to keeping their colleagues in line.

10 hours ago
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Research Shows RISC vs. CISC Doesn't Matter

wiredlogic Re:isn't x86 RISC by now? (126 comments)

This. The x86 ISA is roughly analogous to ARM Thumb compressed instructions. It is just a front end to a register rich RISC core.

11 hours ago
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U.S. Senator: All Cops Should Wear Cameras

wiredlogic Re:Federal vs. local decision (Re:I like...) (587 comments)

Nobody is making the states take the federal blackmail. Let's see some red states with tea partiers in control demonstrate their faith in less government by willingly cutting off the gravy train of federal funds. The best we've seen so far is the states that passed up the extra federal Medicaid support to avoid implementing ACA.

yesterday
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New EU Rules Will Limit Vacuum Cleaners To 1600W

wiredlogic Re:Nope (336 comments)

Cleaning power?

How about "She gave me a good Dyson last night".

5 days ago
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New EU Rules Will Limit Vacuum Cleaners To 1600W

wiredlogic Re:Waaah. (336 comments)

They used to be more common before Mr. Coffee and other gadgetry. Nowadays you probably have to go to Amazon or eBay to get one in the US.

5 days ago
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Illinois University Restricts Access To Social Media, Online Political Content

wiredlogic Re:could've sworn this was not the case (129 comments)

you would go off campus to do whatever research you want.

You do realize what a completely inane comment that is.

5 days ago
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Illinois University Restricts Access To Social Media, Online Political Content

wiredlogic Re:could've sworn this was not the case (129 comments)

They blocked the Wikipedia page about the church which is mostly a detailed list of their bigoted views and activities. It isn't illegal or unethical to learn about hateful people. Should they also erase Hitler from history too?

about a week ago
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Illinois University Restricts Access To Social Media, Online Political Content

wiredlogic Re:could've sworn this was not the case (129 comments)

Because an institution of higher learning prefers its workers to be dumb and uninformed.

about a week ago
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When Customer Dissatisfaction Is a Tech Business Model

wiredlogic Re:Not putting up with jerks (257 comments)

DSL is a joke in the US. Got a load coil on your POTS line? Sucks to be you but enjoy the 2Mb/s "broadband" anyway.

about a week ago
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When Customer Dissatisfaction Is a Tech Business Model

wiredlogic Re:Free market (257 comments)

No. The execs have realized that they can get fatter paychecks if they eliminate "cost centers" that don't deliver any perceived value. Anyone not working in the executive suite is viewed as a liability to the company and needs to be eliminated to reduce the pesky overhead involved in having real employees.

about a week ago
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UPS: We've Been Hacked

wiredlogic Re:UPS sucks (62 comments)

That's because FedEx is teamed up with USPS. Most remote FedEx boxes are serviced by US postal workers on their routes.

about a week ago
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Microsoft Lobby Denies the State of Chile Access To Free Software

wiredlogic Re:Or you could blame Chile's MPs (159 comments)

If they're anything like American legislators they just let the lobbyists write the laws so they are free to put on an act of serving their constituents.

about a week ago
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Dramatic Shifts In Manufacturing Costs Are Driving Companies To US, Mexico

wiredlogic Re:Manipulation of money (233 comments)

They can't manipulate the cost of shipping raw materials and the manufactured output across oceans. That is part of the new focus on insourcing basic manufacturing.

about a week ago
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Dramatic Shifts In Manufacturing Costs Are Driving Companies To US, Mexico

wiredlogic Re:Of course it's cheap - it's automated (233 comments)

You should walk through a Chinese factory or even an American factory where production volume doesn't warrant the investment in automation.

about a week ago
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Study: Ad-Free Internet Would Cost Everyone $230-a-Year

wiredlogic Re:heh (609 comments)

NoScript takes care of most of those who get around Adblock. If ads still show up then I'm happy to let them pass since my primary reason for using Adblock is protection from javascript exploits and excessive bandwidth consumption from all the cross site scripts they invoke + auto-playing videos.

about a week ago
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Linus Torvalds: 'I Still Want the Desktop'

wiredlogic Re:Infrastructure? (724 comments)

That is why I abandoned Win7 for Linux: Its startup time is decent fresh out of the box but it starts to drag on interminably after you've used it for a year.

about a week ago
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Daimler's Solution For Annoying Out-of-office Email: Delete It

wiredlogic Re:Funny thing about email (232 comments)

Then the solution is to lock employees out of email when they're on vacation, not delete what could be an important communication.

about two weeks ago
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ICANN Offers Fix For Domain Name Collisions

wiredlogic Re:external collisions? (101 comments)

I thought the whole thing was just a super-slimy way to raise a ton of cash off the backs of legitimate businesses... that chose stupid names for themselves.

about two weeks ago
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Ask Slashdot: How Dead Is Antivirus, Exactly?

wiredlogic Re:It works (331 comments)

Are you so sure? Norton will quarantine files that aren't even infected or malware. I found this out when trying to install some hardware drivers that were flagged and deleted on my behalf because it provided a "bad experience" for other people.

What a sorry POS that software has to be that it justifies its existence by creating fake drama with intentional false positives.

about two weeks ago

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