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March 04, 2006


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Kimball Corson

Geof, I urge you to mobilize your constitutional professor colleges who signed the last joint missive on the NSA program to address this issue as well and seek some high profile publicity for the effort.

And how about a new book: The Fourth Amendment During Wartime. With the Dershowitz-Bush-Wolfowitz preemption doctrince hard at work (with its hidden agenda), the book could become an everyday text.


The Yale Law Journal published an interesting Note this month on the topic of government searches of information held by third parties:



The Yale Law Journal published an interesting Note this month on the topic of government searches of information held by third parties:


Kimball Corson

We could not even get on top of the Valerie Plame CIA leak problem, before the leak of NSA surveillance came along, and now, while we fumble with that too, up crops the Bush/Cheney authorized leak of classified National Intelligence Estimate materials for political ends.

What have we? Government by colander?

Kimball Corson

Now we have our Attorney General, Alberto Gonzales, suggesting at a House hearing on Thursday for the first time that the President might have the legal authority to order wiretapping without a warrant (or compliance with FISA) on communications between Americans that occur exclusively within the United States.

The situation goes from bad to worse. The Administration will not be stopped by anything short of a court order and probably not even then, God tells Bush what to do, not the law. Bush continues to admonishes staffers who fail to attend White House daily prayer breakfasts.

We need serious help here.


Prof. Stone, in your view does the 4th amend. prohibit the government from collecting intelligence of any kind until it determines whether an American citizen might be a subject of the exercise? If not, what in your view is the limit on intelligence gathering activities of the government?

Another question for you professor (if you have the time!), in the case of the previously mentioned Echelon program I assume you would regard that as possibly the worst assault on personal liberty in modern times, since it is so all-encompasing, and especially since the program is ongoing. Yet you focus in these posts on the NSA program specifically and repeatedly. Why is that? What is it about the NSA program as distinct from the Echelon program that attracts your attention?


I really agree with the following quote:
"Bob is absolutely correct on the persistent misuse of secrecy and classified categorizations by our federal government of documents that should be available to the American public. For example, in some instances plans on where to bury natural gas branch lines in the U.S. that pass through residential areas have been deemed classified for the real purpose of preventing residents in the neighborhood from protesting until it was too late and a backhoe sat in their front yards. "

The problem is when you give these security bills, programs etc too much power, and made them so important that they can overwrite everything that is in place.

There is a reason why there are laws, and laws in general.
If not it would be chaotic.
Well in this case, in surveillance and security overwrites everything(if it keeps going the road it is going) then it will be total control from government, and that, even if it fdoesnt seem to make sense at first, will bring chaos also - because the people wouldnt put up with that indefinitely. but that's way down the road of course.

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