funsec mailing list archives
Re: [privacy] U.S. Government Asserts It Is Above the Law
From: "Henderson, Dennis K." <Dennis.Henderson () umb com>
Date: Sun, 18 Jun 2006 08:20:12 -0500
Nothing new... Move on... Geez.. -----Original Message----- From: Fergie [mailto:fergdawg () netzero net] Sent: Saturday, June 17, 2006 5:48 PM To: privacy () whitestar linuxbox org Subject: [privacy] U.S. Government Asserts It Is Above the Law Via EFF Deep Links. [snip] Late last night, the Government filed its reply brief, providing a last round of written briefing in advance of next week's hearing in our case against AT&T for colloborating with the Government's surveillance program. Finally the Administration has come out and flatly said what it has hinted at throughout its arguments: that the Program is above the law. The Government wrote that: "...the court-even if it were to find unlawfulness upon in camera, ex parte review-could not then proceed to adjudicate the very question of awarding damages because to do so would confirm Plaintiffs' allegations." Essentially the Government is saying that, even if the Judiciary found the wholesale surveillance program was illegal after reviewing secret evidence in chambers, the Court nevertheless would be powerless to proceed, because the Executive has asserted that the Program, which has been widely reported in every major news outlet, is nevertheless still such a secret that the Judiciary (a co-equal branch under the Constitution) cannot acknowledge its existence by ruling against it. In short, the Government asserts that AT&T and the Executive can break the laws crafted by Congress, and there is nothing the Judiciary can do about it. [snip] Link: http://www.eff.org/deeplinks/archives/004741.php - ferg -- "Fergie", a.k.a. Paul Ferguson Engineering Architecture for the Internet fergdawg () netzero net or fergdawg () sbcglobal net ferg's tech blog: http://fergdawg.blogspot.com/ ------------------------------------------------------------------------------ NOTICE: This electronic mail message and any attached files are confidential. The information is exclusively for the use of the individual or entity intended as the recipient. If you are not the intended recipient, any use, copying, printing, reviewing, retention, disclosure, distribution or forwarding of the message or any attached file is not authorized and is strictly prohibited. If you have received this electronic mail message in error, please advise the sender by reply electronic mail immediately and permanently delete the original transmission, any attachments and any copies of this message from your computer system. Thank you. ============================================================================== _______________________________________________ privacy mailing list privacy () whitestar linuxbox org http://www.whitestar.linuxbox.org/mailman/listinfo/privacy
Current thread:
- [privacy] U.S. Government Asserts It Is Above the Law Fergie (Jun 17)
- <Possible follow-ups>
- Re: [privacy] U.S. Government Asserts It Is Above the Law Henderson, Dennis K. (Jun 18)