A commenter to my last post stated that
You seem to believe that your liberties include an absolute proprietorship over all knowledge of what you’ve done. But by all logic and several precedents, the fact that a communication has occurred is a public fact. The content of the communication may be private, but the event itself is not — any more than it’s a private matter to check a book out of a PUBLIC library.
I can think of at least two laws that dispute this person’s claim.
The first is part of the Communication Act which was first passed in 1934. It’s been updated many times, btw, so please don’t say it’s out of date. Anyway, Section 222 of this act prohibits phone companies from giving out information about their customers’ calling habits.
Prohibit means you can’t do it. Calling habits include the numbers you call and when you call those numbers and for how long you speak to that number.
If a phone company gives this information out without a warrant, they have violated Section 222 of the Communications Act. AT&T, Verizon, and BellSouth have violated this law by providing the information to the government without court order.
Yes, I already wrote this in my previous post, however the commenter seemed to miss this information.
The second rule brings us back to the FISA law. The FISA law requires officials seeking to tap phone lines or collect phone records to get the approval of a special court set up to oversee intelligence issues.
This special court is a push over, as well. You have 72 hours from when you started tapping the phone or collecting the information to go to this court and say "This person is a potential terriorist and we’re tapping the phone." The court says "Okey dokey" and everyone is happy.
Unless, of course, the person(s) you want to tap or collect information from are ordinary citizens who have nothing at all to do with terrorism.
The fact that there are phone companies that have refused to participate with the sordid operation and the government hasn’t hit these companies with obstruction shows that the government knows what it is doing violates the law. Actually, the laws.
Our government continues to opperate under the belief that it is easier to ask for forgiveness than for permission. The only problem is that they never ask for forgiveness, either.
And, actually, my misguided previous commenter, unless I have committed a crime or am suspected of committing a crime, who I call, when I call them, and who calls me is nobody’s business but my own.
The same thing goes for the books I check out of the Public Library.
miteymite says:
I couldn’t agree with you more!
Here from Michele’s.
5/12/2006, 6:05 pmwordnerd says:
Hi…visiting from Michele’s!
5/12/2006, 6:06 pmThe Chad says:
While I agree that this should never have happened, I cant help but think about the fact that I am not a terrorist, have no links with them, nor do I engage in any type of felonious activity. That said, if the US government would like to listen to my phone calls with my family and friends about how much work pisses me off or how drunk I got the other night, I could care less. There are very few things in my life I could actually consider “private”, and those things are still not anything incriminating, so all in all, it really doesn’t bother me.
5/12/2006, 6:23 pmMike in Arkansas says:
I am required to have a federal background check every three years as a condition of my employment. I am subject to random drug tests any time I am at work. I don’t have a problem with these types of intrusion into my life. There are legitimate public safety reasons for this. However, if the federal governement wants to collect information on my phone habits, they need to do it within the bounds of the law and the constitution. The need to prove to someone that there is a good reason for doing this.
5/12/2006, 6:49 pmgksden says:
FYI–the three day for FISA has been modified to 45 days. Of course, this STILL may not be enough time for the administration…. Remember the words of Benjamin Franklin (after seeing the ABC News/Harris Poll nearly 2/3 say that this is okay with them.I am almost convinced that Americans have lost themselves into some sort of fugue will to surrender all their liberties in the nama of this “War on Terror.”
Benjamin Franklin said, “Those who are willing to give up liberty for security, deserves neither.” Personally, I am not willing to do so…I am not willing to surrender my liberties. I intend to fight, fight, and fight to the bitter end.
5/12/2006, 8:13 pmgks
French Candaian Lady says:
It is only a matter of time before we have to raise our hands to use the bathroom.
didn’t you know that ordering a pizza could be code for “lets find a big target and bomb it”
5/12/2006, 8:17 pmDoug says:
Actually President Clinton signed into law a new Communications Act in 1994 which require the phone companies to install equipment to allow law enforcement and national security agencies to monitor telecommunications.
5/14/2006, 1:39 pmNicole says:
I like most people, am certain that my personal life and habits are of no interest to the government, so I WAS ok with the first round of wiretapping… But I knew what this moderate way of thinking was going to lead to: I KNEW the government would take this next step.
5/15/2006, 3:17 pmBut what I’m most irked about is that the gov is even bothering with this ridiculous waste of money and time. How could they possible find anything of “terrorist act” value by doing a search this way?
My conclusion is that they are casting a net to find ANYTHING of criminal value that might bring Mr. B’s numbers up.
sally says:
It always amazes me how this administration is able to make anything this obstrusive palatable to the American citizenry, and they unflinchingly accept~
A slight problem with the analogies used to justify the Information gathering that I have read or heard; IE checking out a book at the public library or using those cards at most supermarkets, drugstores etc etc…you CHOOSE to use them or not. Companies gather the information but if they use it in a way that you as the consumer do not agree with you stop uing them and switch. Can you do that with the government?
5/21/2006, 10:34 pm