Slashdot is powered by your submissions, so send in your scoop

 



Forgot your password?
typodupeerror
×
The Courts Government United States News Your Rights Online

Judge Strikes Down Part of Patriot Act 673

Shining Celebi writes "U.S. District Judge Victor Marrero ruled in favor of the ACLU and struck down a portion of the revised USA PATRIOT Act this morning, forcing investigators to go through the courts to obtain approval before ordering ISPs to give up information on customers, instead of just sending them a National Security Letter. In the words of Judge Marrero, this use of National Security Letters 'offends the fundamental constitutional principles of checks and balances and separation of powers.'"
This discussion has been archived. No new comments can be posted.

Judge Strikes Down Part of Patriot Act

Comments Filter:
  • About damn time... (Score:5, Insightful)

    by santiago ( 42242 ) on Thursday September 06, 2007 @02:03PM (#20497117)
    At least someone still has some sense and remembers about those quaint old "rights" and "warrants" and "due process".
  • Now the rest... (Score:5, Insightful)

    by mikee805 ( 1091195 ) on Thursday September 06, 2007 @02:04PM (#20497133)
    Now we just have to get the rest struck down.
  • Now for Congress (Score:5, Insightful)

    by faloi ( 738831 ) on Thursday September 06, 2007 @02:05PM (#20497139)
    If the members of Congress had any sort of backbone, we wouldn't have needed to bring checks and balances into play.
  • to be blunt (Score:4, Insightful)

    by User 956 ( 568564 ) on Thursday September 06, 2007 @02:07PM (#20497161) Homepage
    this use of National Security Letters "offends the fundamental constitutional principles of checks and balances and separation of powers."

    This entire administration offends the fundamental constitutional principles of checks and balances and separation of powers.
  • ahem (Score:4, Insightful)

    by thatskinnyguy ( 1129515 ) on Thursday September 06, 2007 @02:07PM (#20497171)
    "Those who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither Liberty nor Safety." -Benjamin Franklin
  • Odds (Score:5, Insightful)

    by whisper_jeff ( 680366 ) on Thursday September 06, 2007 @02:08PM (#20497187)
    Anyone want to guess how long it'll be before Victor finds himself out of a job?... Unfortunately...
  • It's a good start (Score:4, Insightful)

    by ShatteredArm ( 1123533 ) on Thursday September 06, 2007 @02:08PM (#20497189)

    Next on the todo list: throw out the rest of that abomination of a document that is the Patriot Act. It seems more and more often that document is affecting reach of life that go far beyond "national security". I recently had to provide multiple forms of documentation to open a Health Savings Account because of a Patriot Act provision.

    Good work, Congress. Protecting our freedoms by removing our freedoms.

  • by dada21 ( 163177 ) <adam.dada@gmail.com> on Thursday September 06, 2007 @02:12PM (#20497235) Homepage Journal
    I'm an anti-voter [unanimocracy.com], anti-voting in all elections that I can vote in. Many people are surprised that I said I would actually vote for Ron Paul in the primaries, since this vote doesn't actually give any of my rights up to another individual. But even with so many RP supporters online (and now offline), I still think the only way to reduce tyranny in this country is to get judges back into reading the Constitution, and understanding that the document is not flexible, living, breathing and adapting.

    Since the U.S. was born, it was understood by all, even detractors, that the Constitution had one purpose: the keep Federal government small and let the individual States be big for those who wanted a big State, and small for those who wanted a small State. People afraid of a North American Union forget that the U.S. was designed this way: a union of States (governments) that agree to one thing: personal rights and responsibilities (these are one thing because they go hand-in-hand).

    I'm SHOCKED that we today forget that freedom comes from a lack of government intrusion, NOT from government intrusion. The PATRIOT Act is a simple proof that citizens today have no clue that the Federal government is restrained by the Constitution exactly as it was written. No laws restricting speech, no laws restricting arms, no laws restricting Habeus Corpus, no laws restricting travel or transport, no laws restricting trade, no laws restricting the People's rights beyond what limited powers the central body has. In fact, the only thing the Feds really can do is to make sure the individual States don't trample on the individual's rights to act non-violently how they want to act.

    I'm glad to see SOME judges admire SOME parts of the Constitution, but I can only dream of a day when judges understand the non-breathing, non-adapting Constitutional limits on the Feds. When that happens, nothing Congress or a power-hungry President do would become law.
  • by Trigun ( 685027 ) <<xc.hta.eripmelive> <ta> <live>> on Thursday September 06, 2007 @02:13PM (#20497243)
    Unfortunately, it's not the supreme court that remembers about those ... quaint old "rights" and "warrants" and "due process". And guess where this ruling is heading...
  • Slight problem (Score:2, Insightful)

    by Enlarged to Show Tex ( 911413 ) on Thursday September 06, 2007 @02:13PM (#20497253)
    A US District Court is a fairly low-level court. As a result, this is but the first step in the process. You can be assured that the Feds are going to appeal this vigorously to the highest levels...
  • by OmniGeek ( 72743 ) on Thursday September 06, 2007 @02:16PM (#20497297)
    Federal judges have life tenure unless impeached by Congress for misconduct, and while this Congress has no backbone to hold The Sprout's (thanks, Molly Ivins!) feet to the fire in terms of obeying the Constitution, neither does it have the degree of nutball monomania required to impeach a judge for such evident Constitutional common sense. I doubt there's a single Representative crazy enough to ... belay that, there aren't enough crazies there to make it a serious possibility.
  • Re:to be blunt (Score:5, Insightful)

    by goldspider ( 445116 ) on Thursday September 06, 2007 @02:21PM (#20497377) Homepage
    I wouldn't solely blame "the administration" for this, as both parties have actively supported the Patriot Act.
  • by downix ( 84795 ) on Thursday September 06, 2007 @02:23PM (#20497405) Homepage
    The Bush admin wll just use their next atty general to prevent these cases from getting reviewed, appealing it all the way to the now-biased supreme court. This is a long fight.
  • by dada21 ( 163177 ) <adam.dada@gmail.com> on Thursday September 06, 2007 @02:23PM (#20497409) Homepage Journal
    Unfortunately that will never happen. Most politicians don't believe in a non-adapting Constitution so they will not likely vote in someone who does.

    We've also lived for over 250 years with a mainstream media that has co-opted, and been co-opted by, the State, working hand-in-hand to destroy freedoms. That is changing, and the Internet is making that change happen. Funny how so much of the web was rolled out by major media entities, only to have it bite the hand that fed it.

    I use News.google.com RSS feeds for phrases I am watching, and I'm seeing more than 15% of those news stories come from non-mainstream media entities with a variety of opinions way different than the "eat, regurgitate and vomit the AP and Reuters articles" process that the MSM tends to stick together with.

    The web is a massive pool of people who can actually voice their disagreements with the system. As time goes on, and people see they're not alone in fearing and being harmed by the State, we might just find people voting NO to more government, and using the web to congregate as individuals wanting freedom, not tyranny.

    One can only hope.
  • by toleraen ( 831634 ) on Thursday September 06, 2007 @02:25PM (#20497437)
    Not all of 'em are spineless. [wikipedia.org]

    /proud cheesehead
  • Re:Contribute (Score:5, Insightful)

    by TooMuchToDo ( 882796 ) on Thursday September 06, 2007 @02:26PM (#20497443)
    I donate to the ACLU as well as the EFF, but frankly I think these two groups should get a grant yearly from the government to keep watch over them. Silly idea? Ever heard about the GAO?

    http://www.gao.gov/ [gao.gov]

    The U.S. Government Accountability Office (GAO) is known as "the investigative arm of Congress" and "the congressional watchdog." GAO supports the Congress in meeting its constitutional responsibilities and helps improve the performance and ensure the accountability of the federal government for the benefit of the American people. GAO's work includes oversight of federal programs; insight into ways to make government more efficient, effective, ethical and equitable; and foresight of long-term trends and challenges. GAO's reports, testimonies, legal decisions and opinions make a difference for Congress and the Nation.

    I see the ACLU and EFF serving the same purpose, except they're the investigative/defensive arm of the general citizenry.

  • by Chris Burke ( 6130 ) on Thursday September 06, 2007 @02:27PM (#20497449) Homepage
    I'm tired of activist judges who ignore basic law principles

    Basic law principles... like the 4th Amendment. Oh, wait, that's what Congress and the President ignored. Good thing someone is actually about enforcing the law. Too bad there are so many who would throw out our most basic of law -- the Constitution -- the second it inconveniences them.
  • by MyLongNickName ( 822545 ) on Thursday September 06, 2007 @02:28PM (#20497479) Journal
    I was there with the torch and pitchfork, but I got lonely... where were you?
  • by Anonymous Coward on Thursday September 06, 2007 @02:37PM (#20497609)
    Watching American Idol
  • by spleen_blender ( 949762 ) on Thursday September 06, 2007 @02:38PM (#20497619)
    You have a fundamental misunderstanding of the intentions of the ACLU and suggest you read a bit of political and philosophical theory before jumping to such a disheartening conclusion, considering they are the thin pink line preventing complete fascism in the face of overwhelming military and police power. Granted, there are numerous other groups doing the similar things, the ACLU as an organization (the members of which not necessarily withstanding) has consistently and logically supported the fundamental rights and liberties all people should be granted and have protected. So instead of criticizing the organization as a whole, criticize the individual cases in the organization you disagree with, because the ACLU, if any other group, would be willing to learn from mistakes and make things better. Of course I say this in potential ignorance of something the organization has done that should make me feel otherwise, so if that is the case, by all means let me know.
  • Re:Contribute (Score:5, Insightful)

    by drudd ( 43032 ) on Thursday September 06, 2007 @02:41PM (#20497647)
    Actually that would be a terrible idea. You can't have effective oversight if your funding is controlled by the party you are overseeing.

    Doug
  • by conspirator57 ( 1123519 ) on Thursday September 06, 2007 @02:42PM (#20497659)
    Congress made such a law, and by virtue of checks and balances, we're able to get rid of it. Try again coward.
  • Re:Contribute (Score:5, Insightful)

    by RexRhino ( 769423 ) on Thursday September 06, 2007 @02:43PM (#20497673)

    I donate to the ACLU as well as the EFF, but frankly I think these two groups should get a grant yearly from the government to keep watch over them. Silly idea? Ever heard about the GAO?
    That is the worst idea I have ever heard:

    1. Any agency funded by the government, works for the government. For the ACLU to protect the rights of the people, it has to be voluntarily funded by the people directly. The government funding the ACLU is like the Mafia funding the FBI.

    2. While the ACLU does do a good job protecting certain rights, the ACLU does a shitty job protecting other rights. When was the last time the ACLU defended people's 2nd Amendment Rights? Or do you want the NRA to be government funded as well?
  • Re:Contribute (Score:3, Insightful)

    by mrchaotica ( 681592 ) * on Thursday September 06, 2007 @02:51PM (#20497795)

    Hence why we need the ACLU and EFF instead of just the GAO in the first place!

  • Re:ahem (Score:5, Insightful)

    by MightyMartian ( 840721 ) on Thursday September 06, 2007 @02:53PM (#20497815) Journal

    Everyone deserves Liberty except convicted and suspected criminals (within reason).


    I agree with the "convicted" part, but what kind of frightening world do you come from where a suspected criminal doesn't deserve his or her liberties? I mean, I thought one of the most basic, bedrock principles of American, nay, Anglo-Saxon justice was the presumption of innocence.
  • by Chris Burke ( 6130 ) on Thursday September 06, 2007 @02:54PM (#20497837) Homepage
    Uh, I have a number of complaints with the ACLU, but being racist for acknowledging the existence of race and the important issues revolving around it? Sorry, I can't agree. Racism still exists, and if you're going to protect the rights of everyone given the social reality of today then you have to acknowledge that attacks against freedom are often race-based and hence so must the defense. To treat everything as if it only involves an individual when the fundamental issue is that someone doesn't like the group that individual is a part of is to be ineffectual -- just like any time you try to solve a problem without properly identifying what it is. Failing to do so because your personal sense of egalitarianism requires not just judging people based on themselves instead of race, but to ignore that they belong to a race entirely, is foolish in my opinion.

    But, uh, I'm making an assumption about what you meant there.
  • Re:Contribute (Score:5, Insightful)

    by E++99 ( 880734 ) on Thursday September 06, 2007 @02:59PM (#20497899) Homepage

    IMO that's a BIG problem. It means essentially that they can pass any unconstitutional law and SCOTUS will take four years before they'll strike it down as unconstitutional. That IMO is really bad.

    It takes less than two years to vote out a Representative who votes for an unconstitutional law. The founding fathers were relying on the people, not SCOTUS, to defend their constitution.
  • by Scrameustache ( 459504 ) on Thursday September 06, 2007 @03:01PM (#20497953) Homepage Journal

    the IJ which works against government in ever lawsuit it files or every defendant it defends.
    Because the government is always wrong??
  • by hey! ( 33014 ) on Thursday September 06, 2007 @03:03PM (#20497981) Homepage Journal
    Actually the Patriot Act is a mixed bag of some stuff that is pretty bad, and other stuff that seems reasonable but isn't a solution to the situation we faced on 9/11.

    If you go through the provisions, most of them seem to be aimed at the proverbial "ticking time bomb" scenario. This wouldn't have helped on 9/11, because the first inkling we had the operation was going on was when the plane was hijacked. At that point the time it would take to get a warrant in Boston vs. Washington DC wasn't an issue. Other provisions pierce the Chinese wall between intelligence and law enforcement. Again that wasn't an issue in 9/11. Had we taken the steps available to us under the old rules, it would have made a difference. Having the same attitude, the new rules would not have made a difference.

    If we had done everything we should have in the lead up to 9/11, it is conceivable although not certain that the provisions in the Patriot Act might have made a difference. That is saying something for the Patriot Act in my opinion.

    The main problem with the Patriot Act is not what it contains, but what it fails to contain: any provision to hold the executive branch accountable for its use of its new powers. And therein lies the opportunity for a tool of security to become a tool of tyranny. As President Reagan said: trust, but verify. Which means you can trust somebody when any cheating would be made obvious.

    The police have the ability to do all kinds of things to you that you wouldn't want them to do, up to and including shooting you dead. This doesn't mean we live in some kind of police haunted dystopia, for the simple reason that there are rules that govern the police use of their powers, and when they exercise those powers they have to answer to the courts as to whether they were using those powers within their lawful limits. That's accountability: it's a philosophy that works.

    This by the way is the problem with the administration's wiretapping programs. I'm happy to let them have such programs for the purposes they claim so long as somebody independent verifies they are using it for that alone. If there is no such mechanism, it doesn't matter if the program is being run by Jesus Himself. It's a bad program.
  • by Anonymous Coward on Thursday September 06, 2007 @03:08PM (#20498009)
    ...Oddly enough, the signing statement was signed onto a bill related to protecting oyster beds in Western Florida. When asked about the link between the two, President Bush said, "Marrero was a strong opponent of oyster farmers of Florida and I support oyster farmers." President Bush then dismissed the press and returned to clearing brush with a 9 iron.
  • by Telephone Sanitizer ( 989116 ) on Thursday September 06, 2007 @03:13PM (#20498057)
    "Ironically, socialized medicine takes healthcare decisions out of individuals' hands..."

    So do HMO's.
  • by Scrameustache ( 459504 ) on Thursday September 06, 2007 @03:15PM (#20498093) Homepage Journal
    Clean air act means more air pollution.
    No child left behind means all children held back.
    Healthy forest initiative means clear cutting...

    See a pattern yet?
  • by Futurepower(R) ( 558542 ) on Thursday September 06, 2007 @03:16PM (#20498101) Homepage
    EXCELLENT. Mod Parent UP.
  • by goldspider ( 445116 ) on Thursday September 06, 2007 @03:18PM (#20498147) Homepage
    You can design a socialized medical system where people with money are perfectly free to choose their own insurance or to visit private doctors.

    That's the same argument people make when the issue of school taxes comes up. People are free to send their kids to a private school if they so choose, but they are still forced to pay for both the public school and private. That is wrong.
  • by Vancorps ( 746090 ) on Thursday September 06, 2007 @03:20PM (#20498169)

    You make some fine points but verifying that they are being used as intended isn't enough. There needs to be steep penalties for misuse of the immense amount of power being given.

    Of course in my mind the old rules were fine, there was sufficient information to prevent the tragedy much like like the events leading up to Pearl Harbor. The problem was communicating internally to get the right information to the right people at the right time. That doesn't take the PATRIOT Act with its far overreaching changes. Imagine how many billions have been spent because of it and how little it has accomplished to help us. I can't believe that in modern times we still have the same problems with communication. An f'in email could have prevented all of this from happening.

    Of course none of this would have been an issue if Congress had been doing it's job initially. There's the real broken link. The wiretapping programs are simply absurd. There is no way to reasonably interpret the constitution to allow such things. The constitution is a document which specifically states what the government can do to us. There is simply no language in there that would allow this invasion of privacy. Combine that with all the search and seizure changes involved in the war on drugs and you've got yourself a pattern. I wish it was as simple as republican versus democrat but there is a long history of this abuse and more laws aren't going to fix it. Someone needs to enforce the laws we already have. We need to get rid of the PATRIOT Act, repeal the war powers act, and get back to some semblance of sanity.

    How in the world in this day and age can a president blatantly violate the constitution and remain completely unchallenged? It's simply astounding.

  • by be-fan ( 61476 ) on Thursday September 06, 2007 @03:21PM (#20498177)
    It's a mediocre idea, but one that's better than the idea we're running with now. My dad's been working in public health for about 35 years, all over the world. He was telling me the other day that there are ex Soviet-bloc countries that have better child and maternal health statistics than major US cities. That's just plain _broken_.
  • by FatSean ( 18753 ) on Thursday September 06, 2007 @03:26PM (#20498235) Homepage Journal
    If you want better, you pay more for it. Do you think people who send kids to private school should get a tax rebate because they don't use the service?

    If so...

    I don't go to church, I want the portion of my taxes that supports those churches back.
    I have my own weapon and I'll defend my property myself, I don't want to pay for police services that others use.

  • by ak3ldama ( 554026 ) on Thursday September 06, 2007 @03:28PM (#20498255) Journal

    the IJ which works against government in ever lawsuit it files or every defendant it defends.
    Because the government is always wrong??

    Yes. Because the government is always wrong. Government is created out of the simple necessity of a society to have some rules and protection but through out history governments have taken their simple power and blown it continually out of scope. If people/society/the rich/the poor were not so fucking evil then we wouldn't need government - however it appears mankind cannot peacefully coexist in some magical commune.

  • by be-fan ( 61476 ) on Thursday September 06, 2007 @03:38PM (#20498401)
    but they are still forced to pay for both the public school and private. That is wrong.

    More or less wrong than the richest country in the world ranking behind several South American countries in core health statistics?

    Look, we don't live in a society of individuals. We haven't for a couple of hundred years. At any given time, there are hundreds of people you depend on just for your mere survival. That's just what the modern economy and its division of labor has wrought. In such an interdependent society, it makes no sense to categorically reject the idea of doing some things for the good of the society, rather than just the good of the individual. I agree it's something that should be used judiciously, but calling it plain "wrong" is ridiculous.

    There are enormous social and economic costs stemming from poor social services. Every _individual_ pays this social cost, directly or indirectly. We pay for prisons and policemen to house drug-addicts or the mentally-imbalanced who can't get proper access to treatment. We deal with beggers in the streets, and roving gangs of young people who have nowhere better to go.

    So don't think for a minute that the problem is one of individuals paying for society's problems, versus not. It's just a question of how you decide to pay for it.
  • by Darby ( 84953 ) on Thursday September 06, 2007 @03:47PM (#20498511)

    Don't you realize that if you start taxing churches, you legitimize their stake in government?? I'd think that's the last thing you'd want.


    Dude, what?!?

    They already have a special privileged status due to their tax exemption. This tax free money is increasingly being used for political campaigning.
    Making them pay their share would remove the ability to use churches as an end run around the laws on that.

    Where do you get the idea that *removing* their privileged status would grant them greater privilege?

  • Re:Contribute (Score:5, Insightful)

    by Darby ( 84953 ) on Thursday September 06, 2007 @03:56PM (#20498659)

    2. While the ACLU does do a good job protecting certain rights, the ACLU does a shitty job protecting other rights. When was the last time the ACLU defended people's 2nd Amendment Rights?


    The problem I have with this argument is that the NRA is bigger and wealthier than the ACLU. The NRA is way on top of 2nd amendment issues. With a smaller budget, the ACLU is guarding the other 9... well maybe 7 or so amendments in the bill of rights.

    Given that there is already a bigger more powerful organization tasked strictly with defense of the 2nd don't you think it's reasonable that the ACLU would leave those fights to the NRA and concentrate their limited resources on the larger problem space they're tasked with?

  • Patriot Act (Score:3, Insightful)

    by St0rmCr0w ( 1152973 ) on Thursday September 06, 2007 @04:10PM (#20498855)
    I remember saying on 09/11/2001 that the government will use the fear generated by the crashes to ram the Patriot Act down our throats. It's sad that our country gives up personal freedom so willingly. While any reverse of any part of the Act is good, I won't be happy until it's abolished in its entirety. But, now that its there, it will be tough to eradicate. I wish people would think before they act in fear. Anyway, my $0.02.
  • by Anonymous Coward on Thursday September 06, 2007 @04:11PM (#20498861)
    Protecting our freedoms? I thought it was about stopping terrorist attacks. I mean, so many people have died in America from Osama Bin Laden's terrorism; there have been almost 3,000 deaths this century! [wikipedia.org]

    Of course, since over 40,000 people die every year on the highways, [dot.gov] I'd like to see some of that "Homeland Security" money go to guard rails and other safety improvements. I'm far more afraid of the cell-phone weilding blonde than the bomb wielding Muslim!

    But wait, that's still chicken feed. Osama should be jealous as hell of a far bigger terrorist - RJ Reynolds, whose poison kills over half a million people yearly! [about.com] the corporate terrorists are truly deadly!

    Even Ronald McDonald kicks Osama's ass when it comes to killing Americans. Heart Disease also kills over half a million Americans every year. [americanheart.org]

    Hell, even Bush himself is deadlier to Americans than Osama, since well over 3,000 of the soldiers he sent to Iraq (to destabilize the region and drive gas prices up; he's an oil man. Gas was $1 here when he took office, now it's over three times as high) have died there.

    Al Quaida? Shit, the tornado that tore through my home town in 2006 [wikipedia.org] miraculously didn't kill or even seriously injure anyone, but look at the destruction of ONE building! [wikipedia.org] The tree behind my apartment looked like a weed someone had stomped on. I saw twisted girders, trailor homes torn in half, five foot diameter trees uprooted, wood splinters imbedded in concrete. If Osama saw what I saw he'd have given up.

    So I completely agree with you. That God damned abomination must go! I think the Congress and Senate who passed it and the President who begged for it and signed it should go as well.

    -mcgrew [kuro5hin.org]
  • Re:ahem (Score:4, Insightful)

    by MightyMartian ( 840721 ) on Thursday September 06, 2007 @04:11PM (#20498871) Journal
    It's impossible to infer anything other than the general sentiment that the accused ought to have their liberties removed. In the case that you mention, or in cases where flight is considered a risk, it is the court that decides that an individual will be held in custody. The presumption of innocence does not change even here, and if a person is found innocent (or successfully argues via a writ of habeus corpus), he must immediately be released.
  • by frankie ( 91710 ) on Thursday September 06, 2007 @04:14PM (#20498903) Journal
    You shouldn't be "shocked" that the federal government has grown so cancerously. Heck, most of the founding fathers predicted that it would happen.
    • Outside Independence Hall when the Constitutional Convention of 1787 ended, Mrs. Powel of Philadelphia asked Benjamin Franklin, "Well, Doctor, what have we got, a republic or a monarchy?" With no hesitation whatsoever, Franklin responded, "A republic, if you can keep it."
    • "Few men have virtue to withstand the highest bidder." - George Washington
    • "The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse." - James Madison
    • "When the people fear the government, tyranny has found victory. The federal government is our servant, not our master!" - Thomas Jefferson
    • "The American Republic will endure, until politicians realize they can bribe the people with their own money." - Alexis de Tocqueville
  • by ShatteredArm ( 1123533 ) on Thursday September 06, 2007 @04:18PM (#20498955)

    It's certainly true that some of the provisions "might have" prevented a 9/11 attack, but hindsight is 20/20. Granted I've only just started reading his work, but Sun Tzu clearly indicated that in order to successfully wage war when your force is smaller, you have to attack where your enemy does not expect you. That is the problem with this kind of war; you can defend against one tactic, but they'll simply adapt and do something else. Look at internet security--it doesn't matter how much Microsoft patches the operating system; they're still going to find a new way to get in. All these provisions will do is direct terrorists to other unknown avenues, at the cost of billions of dollars, our freedoms (which is what we are trying to protect), and our very way of life.

    That, however, is only an argument for the futility of the Patriot Act. I would argue that the biggest problem, however, is its scope. Again, why would the Patriot Act dictate what documentation I need in order to open an HSA? Where is the sense in that? Do terrorists use the tax-free medical funds to finance terrorism? I didn't need any of that to open a bank account, or get a credit card, so why an HSA? The problem is that the Patriot Act seems to cover any kind of wild scenario that maybe someone could somehow, in some crazy unlikely scenario, use to even indirectly benefit terrorism. Hey, maybe the terrorists are getting $34/year extra on tax benefits by using an HSA (which, by the way, also requires them to have a HDHP)!

    And that even says nothing about why we need to get really, really wound up over terrorist attacks on the US that have killed only a small fraction of number of people who have died of more troublesome causes, such as cancer, or the flu, or armed robbery, or drowning in backyard pools. If we look at it in terms of how much we're giving up in terms of dollars and freedoms per life saved, we're probably spending millions of times on terrorism what we spend on anything else.

  • Greeeeaat! (Score:3, Insightful)

    by pimpbott ( 642033 ) on Thursday September 06, 2007 @04:19PM (#20498967)
    Now if we can just get the Executive branch to listen to... oh I dunno... ANYBODY else, this might mean something. Is it me, or is the Legislative and Judicial branches a bunch of big fat pussies? No wonder the Executives are running away with all the marbles.
  • by plague3106 ( 71849 ) on Thursday September 06, 2007 @04:27PM (#20499025)
    Why? A government-run system is working quite adequately for the UK, why couldn't it work for us? As for taxes --- it's not like people in the UK are paying 60% of their income in taxes. Up to about $70,000, their income tax rate is actually a bit lower than ours, and their top rate of 40% isn't much higher than our top rate of 35%. This doesn't include VAT, but then again, the US statistics also don't include state taxes and sales taxes, or the cost of health insurance.

    Perhaps you should look at the estimated costs for America to do this, instead of comparing to another, smaller country.

    The latter is substantial --- if you're making ~$100k, and your employer provides a health plan, they're paying about 10% of your salary in premiums. You might not see this cost directly, but it's a tax on you as much as if the government had taken it right out of your paycheck.

    Your health premiums are not based on your salary, its the same for everyone. I'd prefer a health screening though, so that those that are unhealthy (obese, smoke, etc) are charged more and those that are healthy less. I also never said that employer paid healthcare is not an issue.

    Because France is so full of fatties?

    I didn't say socialized healthcare causes obesity, I said that removing all responsibility (and consequences) would magnify a societial problem we already have, namely that most Americans are lazy and eat fast food four or more times a weak. Its our lifestyle that is a problem, and treating the symptoms for free (via a tax, which is even more hidden than what we have now) would worsen this issue.
  • by Dirtside ( 91468 ) on Thursday September 06, 2007 @04:27PM (#20499027) Journal
    Yes, he's a troll, but here's an important thing for everyone to remember: the phrase "activist judge" is a synonym for "a judge who made a ruling I don't like."
  • Record Companies (Score:5, Insightful)

    by KevMar ( 471257 ) on Thursday September 06, 2007 @04:27PM (#20499037) Homepage Journal
    ok, so the US government must get a court order to get customer info from ISP's but the record companies dont?
  • by ShatteredArm ( 1123533 ) on Thursday September 06, 2007 @04:33PM (#20499109)

    Funny you say the capitalist system is "all about making money no matter who gets screwed in the process." Ever stop and think of where all the medicines that are saving people are coming from? If you guess "The Government," you're wrong. Nope, it is from creativity that is motivated by reward. So yeah, pharmaceutical companies are making bank off of medicine, but where would we be otherwise (answer: we wouldn't have the medicine anyways). Ever wonder why the US has historically been at the forefront of new research in not just medicine but most every other field?

    Those greedy capitalists, not working for free! How dare they turn a profit!!

    The hilarious assumption you made is that people who are poor are just dying off because they don't have medical care. Last I checked, hospitals are actually forced to treat people without insurance. Looks like you have your socialized medicine already.

    It cracks me up when people come out and denounce capitalism like it's the greatest scourge ever to come upon humanity, while basically depending on products and services that would not even exist were it not for "greedy" capitalists.

  • by MightyMartian ( 840721 ) on Thursday September 06, 2007 @04:47PM (#20499273) Journal
    I'm not denouncing capitalism. I'm complaining that some seem to think that it is the be-all and end-all of human affairs. There are legitimate concerns that a purely capitalistic health care system, where profit is the only measure and motive, would likely leave a lot of people fucked. Someone should not be deprived of a life-saving procedure simply because of a lack of capital. Even Neandertals took care of their injured.
  • by Improv ( 2467 ) <pgunn01@gmail.com> on Thursday September 06, 2007 @05:01PM (#20499447) Homepage Journal
    You're describing the American Confederation more than the United States. The Confederation didn't work very well because it was based on the principles you describe, and so they went back to the drawing board after a few years and tried something a little bit less extremist (which is when the Constitution was written). Your statement "it was understood by all" is inaccurate.

    Various interests struggle in an active society - threats to autonomy and dignity can come as easily from the state as from each other. The state is theoretically accountable to the people, while businesses are theoretically accountable only to their shareholders and the law. Using laws and other mechanisms of the state to curb business when it harms interests of the people is a vital tactic to protecting society - to give those up because we decide that the state (and the people whose interests it theoretically advances) is naturally evil seems like adopting fatalism towards whatever business decides to do. Admittedly, the state in practice is a tool we struggle over with each other and (even more unfortunately) with business interests, but maybe we can find ways to eliminate the latter. Struggle over society's shape and ends is almost intrinsic to having a society - putting laws on the topics you mentioned completely out of consideration would result in something almost unimaginable. Personally, I'm not interested in residing within whatever that society would become, and will argue and vote the other way whenever I can. I'd hate to see Ron Paul or anyone else who's close enough to being a Libertarian actually make it into office - we'd probably see something pretty close to Anarchocapitalism...
  • by PopeRatzo ( 965947 ) * on Thursday September 06, 2007 @05:07PM (#20499501) Journal

    the problem i see is lawyers..
    Funny, that people who would love to get rid of all the lawyers are often the first ones to sign up for the class action suit when their kid gets brain damage from the lead that their contractor used in the paint around their pool.

    I'm amused by the dual-enemies of the folks who've been brainwashed by the Corporate Right: lawyers and media. It seldom occurs to people that when some corporation feeds you something dangerous, or sells you a battery that bursts into flames, or a surgeon comes to work drunk one day and kills your wife, or a credit reporting agency makes a mistake that messes up your life, that a lawyer is the guy who's going to work for YOU to get your back. Believe me, it doesn't just leap unbidden into the mind of some guy who works in a Ford Plant that we need Tort Reforms. It's some blowhard on the AM radio who works for the huge corporations who's selling that load of crap. in the hope that maybe they can start seriously getting away with shit again. And it's not the lawsuits that the corporations bring that are in danger. Don't worry, the RIAA will still be able to sue your ass. "Tort reforms" just means you won't be able to sue them back. It's like the wonderful "bankruptcy reform" that the Republican congress and the Bush Administration unleashed on America. Notice it doesn't prevent Boeing or Countryside from declaring bankruptcy and screwing their investors, it's just to make sure that the guy who earns $45k per year whose kid has spina bifida and the doctor bills break him that is prevented from getting a fresh start by using the bankruptcy laws. Fair and Balanced is the Orwellian catchphrase of the day.

    The other boogieman is the "media". Of course, when you are royally fucking most everyone, one way to prevent them from noticing how badly their asses hurt is to tell them that reality really isn't real. You can't believe those pictures on TV of guys with black hoods being electrocuted or ravaged by dogs, because that's the media and we know you can't trust them. And dead bodies floating in downtown New Orleans? Those damn liberal media again. "Hell-fire" says the tan, fat dope-fiend on the radio, "who you gonna believe? Me or your own lying eyes?" How dare you think your president is a dissembling halfwit stuttering prick who's not even a halfway decent liar! It's just the media who makes him look that way, probably with some high-tech photoshop or special effects or something. You know how they are.

    Just remember, when the SWAT team rings your doorbell by accident, looking for the crack dealer who lives one street over, or your hooked up because some fat lady on an airplane thought the Egyptian symbol on your baseball cap is an Al Queda secret code and you're suddenly looking at the inside of a cell, you're gonna hope all those lawyers haven't been shipped off to Darfur.

    Just remember the story of the late Richard Jewell, a sad sack whose life was destroyed by an overzealous FBI who, oopsie!, accused him falsely of setting a bomb at the Atlanta Olympics. If he didn't have a kick-ass, liberal, New York, ACLU-loving, pinko L.A.W.Y.E.R., he might have spent his last decade in some cinderblock 8x8 with a seatless toilet.

  • by falconwolf ( 725481 ) <falconsoaring_2000.yahoo@com> on Thursday September 06, 2007 @05:29PM (#20499721)

    It's a mediocre idea, but one that's better than the idea we're running with now. My dad's been working in public health for about 35 years, all over the world. He was telling me the other day that there are ex Soviet-bloc countries that have better child and maternal health statistics than major US cities. That's just plain _broken_.

    Best would be for government to get out of the way. Socialized medicine drives up healthcare costs and or rations healthcare. Some say look at Canada's system, but I hear a lot of Canadians come to the US to get healthcare if they can afford it. US healthcare quality may be the best in the world but unfortunately not everyone has insurance and can afford it out of pocket. Because the government drives up the prices though, if it were to get out of the way healthcare prices would be lower.

    Falcon
  • by be-fan ( 61476 ) on Thursday September 06, 2007 @05:40PM (#20499821)
    Congratulations, you just spouted off a bunch of nonsense without backing it up.

    As for Canada: so what if some Canadians who can afford it come to the US for treatment? The US is the most technologically advanced nation in the country --- is it surprising that you can get some stuff here (if you have the _money_) that you can't get in Canada?

    The question isn't how the system handles the rich guy with brain cancer who needs American technology to save his life. He can get top-flight care wherever he is. The question is how the system handles the hundred other people who have mundane things like work-related injuries or childhood illnesses. And our system just falls down there.
  • by Anonymous Coward on Thursday September 06, 2007 @05:49PM (#20499937)
    War is the health of the state. For those in the business of government, war is the single most effective means to expand and consolidate power and revenue.

    This is true now more than ever, in this age where power is deeper and more consolidated than ever before in history. The sheer amount of revenue governments are pulling in today is nothing short of astounding, and most centralized powers can thank war for a very large part of that revenue.
  • by c_woolley ( 905087 ) on Thursday September 06, 2007 @06:06PM (#20500105)
    The points you make are certainly valid, and are in fact one of several (okay, many) things that do need to be addressed. Spilling hot coffee on yourself and winning a lawsuit against McDonalds because you are truly an idiot (the old bag actually settled the lawsuit out of court if I remember correctly) doesn't help our world. It proves that people like this are allowed to breed, and then calls for the Government to step in and create a law of some type that protects idiots, and the companies that idiots do business with.

    People pushing the limits of the law just because they can, and especially the pocket law students out there (the guy that went to traffic court a few times and watched enough Law and Order to think he is a good attorney) cause a lot of unnecessary laws to be created. Free speech and search and seizure are very good examples of rights that we have that are constantly under fire because some person out there wants to push the limits and prove that...YEP, I have that right. If only the Founding Fathers would have written a "Common Sense" clause. There was never a law specifying that you could not give an officer of the law the finger. But, trust me, it isn't protected under Free Speech. You'd be surprised to find out how many people argue that case in a courtroom. You wouldn't be so surprised to learn how many lose.

    The problem with the Patriot Act and many other laws out there is that it was developed in response to something that should not have occurred in the first place. Before 9/11 and the threat of global terrorism, would anyone in the government been so brazen about the creation of this, or even bother trying to fight to keep it around? Sure, there were spy programs out there (Newsflash: All governments have them and all governments are spying on citizens from their own country and other countries). Had one of those programs come out into the open as this one did, no President or any other elected official would have even dared try to back this program up. In the wake of terrorism, the reaction was to protect the country and the citizens at all costs...even at the costs of personal freedoms. Fortunately, US Citizens like our personal freedoms, and programs like this are challenged. Was the Government wrong for trying to protect the country? No. Did they go about it in the right way? Again, no. There are many alternatives to this than a blanket program of intrusion.

    Now, in all fairness, the intrusion we are talking about is not aimed specifically at a single source. It is not going to randomly sneak in on Mr. Smith's conversation about how he likes to sleep with Mr. Pink's wife. The Government really doesn't care about your little life...sorry, you honestly are not that important. It does however pick up on keywords and other trigger events (I'm sure this is not news to anyone), and may then listen in on that communication. So, the intrusion is not going to be targetting the majority of people out there. Does it make it any less threatening? Absolutely not. On the flip side, what do you think the children/spouses of those we lost during 9/11 think about this subject? Do you think that you would be more inclined to push for fewer freedoms in support of keeping citizens alive if you were directly effected by this tragedy?

    The real situation is, we want the Patriot Act gone, and the spying of US Citizens gone. What do we do to protect our country and get reliable information when a terrorist group is trying to do bad things. And yes, they are out there planning. What actions can we have our Government take that can keep us safe?
  • by oatworm ( 969674 ) on Thursday September 06, 2007 @06:24PM (#20500351) Homepage
    The American health system is nowhere near that bad. If you walk into an emergency room, they are required by law to treat you. They'll bill you for it, sure, and, if you're poor, it'll go to collections, but that's the end of it. There are, of course, a few problems with this approach:

    1. Emergency rooms are the most expensive places to treat people, short of a specialist. Many hospitals are trying to work around that by subsidizing low-cost clinics. It's cheaper to "outsource" their poorer patients out of the ER.
    2. The costs are assumed by the hospitals, which means that costs are assumed by the people that actually pay their bills at the hospital. Put another way, assume treating a person costs $1000. Now, say two people walk into the ER to get treated, and only one can pay their bill. How much is the hospital going to bill the other person? That's right - $2000, and that's precisely how health billing is going these days. That's why insurance rates are going through the roof - we're already indirectly paying for the uninsured.
    3. Wrecking the credit of poor people doesn't exactly help them not be poor.

    Unfortunately, there are few good ways to solve this. We could...

    1. No longer require hospitals to take anyone that walks into the ER. This'll drop rates down for everyone with insurance, but will completely screw everyone else. This is probably (thankfully) not an option.
    2. Fully socialize our medicine. This sounds great until you realize that people are inherently cheap when it comes to approving taxes, meaning that we're either going to get really lousy care or we're going to throw the country even further into debt (probably both).
    3. Semi-socialize our medicine by having the government make up the slack where the private sector can't (or won't) provide care efficiently. Basically, instead of having the hospitals assume all of the risk, we pass it off to the government and let them run the free/low-cost clinics and all that. Unfortunately, the instant you put into place a "catch-all" and remove risk from a system, people tend to become less risk-averse. In this case, that means that more people might opt to go uninsured since they know the government will take care of them anyways, making a bad problem even worse.
    4. Let WalMart or some other low-cost innovator run low-cost health care and see if they can get some efficiencies going there. This actually isn't too far off - WalMart's Sam's Club is starting to push low-cost health insurance for small business, for example, and WalMart has also begun selling cheaper medications in select stores. The problem with this is that most people are (understandably) concerned about letting someone with a penchant for selling shirts that don't last six months take control of people's health decisions.

    Unfortunately, there's no good answer here, just a bunch of really lousy ones.
  • by be-fan ( 61476 ) on Thursday September 06, 2007 @06:26PM (#20500375)
    The fact that the WHO decided those criteria are indicators of good health care does not make it any more objective.

    The WHO has a hell of a lot more expertise behind its indicators than the pundits who are criticizing their ratings. You can either trust an organization that works with doctors and public health experts, or you can trust the tripe spewed by know-nothings working in a think-tank somewhere, your choice.

    Statistics on mortality rates are next to worthless when comparing highly industrialized nations (eg, US, UK, Australia, etc).

    In your expert opinion? Even a lay-man can tell "number of people dying divided by number of people" is a pretty good indicator of overall health...

    Statistics on equity has nothing to do with the quality of a healthcare system

    What equity statistics did I present?
  • by Kjella ( 173770 ) on Thursday September 06, 2007 @09:21PM (#20502119) Homepage
    Or in the words of Hermann Goering: "Of course the people don't want war. But after all, it's the leaders of the country who determine the policy, and it's always a simple matter to drag the people along whether it's a democracy, a fascist dictatorship, or a parliament, or a communist dictatorship. Voice or no voice, the people can always be brought to the bidding of the leaders. That is easy. All you have to do is tell them they are being attacked and denounce the pacifists for lack of patriotism and exposing the country to danger. It works the same way in any country."

    To make people willing to go to war, or willing to give up their civil liberties, the basic principle is the same. Denounce the opponents for their "lack of patriotism and exposing the country to danger", and the people will comply. As long as you can make people think that protection by the government and protection from the government is mutually exlcusive, then the tyrants and terrorists have won.
  • by jamstar7 ( 694492 ) on Thursday September 06, 2007 @09:37PM (#20502257)

    First of all, why should we have that stipulation? I don't think people have a right to medical care, but whatever.

    What about the rights to life, liberty, and the pursuit of happiness? Seems to me that good health is necessary to life as well as the pursuit of happiness.

  • by Knight2K ( 102749 ) on Thursday September 06, 2007 @10:15PM (#20502573) Homepage
    I'm not as quick to let the Feds off the hook. I don't mind if the government has my data as long as they follow due process of law. That means warrants issued by judicial approval after showing probable cause, habeas corpus, and open trials as much as humanly possible. The govermnent may or may not need to know as much about me as they do (I think they don't), but the real problem here is lack of oversight. Intelligence services follow the principle of need-to-know. I think we need to follow that with the government. They should know only the little bit about me that they absolutely need to know. The only way to determine that is openness in the laws and in judicial process.

    You stated that it isn't likely that the Feds will be knocking down your door, so it isn't a concern. The problem is: the Feds can knock down your door while, ostensibly, Equifax can't. The government needs to be under greater scrutiny than the private sector because they have the power to deprive you of your liberty. With the PATRIOT Act and National Security Letters we don't know exactly why the Feds are knocking down your door and you can't tell us why. It might be for a good reason or it might not be. And if someone can abuse the power for a bad reason, they will abuse the power. And they have! The GAO has reported many abuses of the PATRIOT Act by the FBI since it was passed and nothing gets done about it.

    In every generation, outside threats have always triggered a response to "increase security" while eliminating civil liberties and those responses have always been proven wrong by history. Japanese-American internment camps and the McCarthy-era black lists are the most recent examples. Ben Franklin's quote about liberty and temporary safety may be a cliche now, but that doesn't mean there isn't truth in it.
  • by kscguru ( 551278 ) on Thursday September 06, 2007 @11:54PM (#20503299)
    Very nice argument. I mean this quite seriously - this is one of the better posts I've seen on Slashdot in a while.

    The right of the people to be secure
    Here's the one part missing from your argument. The US Constitution enumerates the rights of people - that is, citizens (and, by courtesy, resident aliens), NOT of human beings. It does NOT enumerate any rights for non-citizens. If a foreign national visited the US, the government could imprison and execute him without trial, without once violating the Constitution. (It would violate a mess of treaties and the foreigner's government ought call this an act of war, of course!) For the rights of non-citizens, you'd have to look to treaty arrangements, and treaties are explicitly subordinate to Constitutional law.

    International phone calls, etc. are carried by non-US companies over non-US property and usually involve non-citizens. The Bill of Rights does not apply; the government can examine or seize foreign property all it wants (at risk of offending foreigners). Immoral, arrogant, stupid, provocative, yes. Illegal, no.

  • by ShatteredArm ( 1123533 ) on Friday September 07, 2007 @12:10AM (#20503423)
    OK, I have a question about the stores you go to having you on film... So did you willing go in the store? Or did they tape you in your home while having private conversations?
  • by DragonTHC ( 208439 ) <Dragon AT gamerslastwill DOT com> on Friday September 07, 2007 @02:34AM (#20504299) Homepage Journal

    we believe in basic freedoms and other fundamental rights as being inalienable rights given by God, which no government has the right to impede.
    That talk is un-American.

    Among these are the right to life.
    These so-called "liberals" you describe are far more "right to life" than you. They think those being raped, murdered, and tortured in certain dark parts of the world have a right to life. The "unborn" (and my wife is 6 months pregnant) aren't here yet. You can't force your religious beliefs onto other people, That's un-American. Remember, Freedom of Religion? (that's the freedom to practice yours and the freedom to let others practice theirs)

    the right to self-government
    Well, obviously. A desire of self-government is usurping the U.S. Government. You are not above the law. Neither is Dubya. We must all follow the laws of the Government. They're written by our duly elected representatives. You're no exception neoconman.

    the right to security of one's property
    We all desire security. You seem to favor your property above others' lives. Not very "right to life" here are you? This is where things get iffy. How did you get your property? If you got it by lying, cheating, and stealing like so many neocons did then I think the government should punish this behavior.

    Kenneth Lay - neocon - unethical thief.
    Donald Rumsfeld - neocon - unabashed murderer.
    Ted Haggard - neocon - homosexual, drug-using hypocrite.
    Dick Cheney - neocon - war profiteer.

    Your claims of your ideology aren't those of a neocon though.

    The neocons started out as mostly Jewish liberals in the 1970's who wanted the USA to strengthen its defense and spread the reach of US industry. They became republicans in the 1970's and spread their hegemony through the guise of christian values.

    Really, you are just fooled into following. Sad for you that you don't understand the truth.

    a short timeline for you.

    1973 US abandons "gold standard" for oil.
    1974 OPEC sharply raises prices for oil to US. Oil shortage causes neocons to emerge.
    1970's-ish Democratic Senator Henry Jackson's aides design new world order (middle east must be democratized to lessen threat to US through oil)
    1978 USSR invades Afghanistan (we hate soviets more than afghanis so we help the afghanis)
    1980 neocons convert to republican to use Ronald Reagan as the tool for their goals. (forcing either conflict or concord with the Soviet Union)
    1980-1988 iran-iraq war (we hate iran so we help iraq)
    1992 neocons miss opportunity to oust Saddam Hussein (Cheney publicly says it would be a quagmire. the power vacuum would destabilize the region)
    2000 neocons stroll out Dubya. (His platform is against "Nation building" and military interference)
    2001 9/11 9/11 9/11 9/11 neocons get excuse to invade iraq (something they've been planning since the 1970's)
    2003 Dubya makes a speech at the American Enterprise Institute, HQ for the neocon policy goblins. (directly going against his platform)
    2003 Dubya violates the NSA's single directive (don't spy on Americans)
    2005 Halliburton begins building prison camps in America's heartland (dissenters beware)
    2007 you wrote this post about your religious beliefs (not realizing the sweeping plan set under your own feet)

    I hope you learned something new. Maybe you should re-evaluate your political philosophy.
    If Jesus were alive today, he'd be a Left-Wing Hippie. (blessed are the meek, blessed are the poor, blessed are the generous)

    You, Erik Martin, are an unthinking follower. You apparently haven't read your own bible. You're not following your own religious beliefs.

    Me? I'm an American. I want to wear blue jeans and eat cheese burgers and listen to Rock music.
    I also want to work for a living and take care of my family.

    I believe We Americans can do this without causing harm, poverty, sickness, or suffering to other people in this country and others.
  • by Improv ( 2467 ) <pgunn01@gmail.com> on Friday September 07, 2007 @03:44PM (#20512909) Homepage Journal
    I understand that, but the fact that he would do it (combined with the long list of other agencies on his hitlist) suggest to me that he would not be a good person in office. I don't see any reason to root for him. Admittedly, there are some things I like about him - he looks to be an honest person who's not afraid to rock the boat. If I liked the direction he would move government, that would be a very large plus.

He has not acquired a fortune; the fortune has acquired him. -- Bion

Working...