Discussion:
Pat Verizon on the back!
(too old to reply)
- Bob -
2008-02-07 23:39:19 UTC
Permalink
At least they are doing something right:

http://www.techspot.com/news/28903-verizon-rejects-hollywoods-call-to-aid-piracy-fight.html
Phat Garry
2008-02-09 02:58:54 UTC
Permalink
Post by - Bob -
http://www.techspot.com/news/28903-verizon-rejects-hollywoods-call-to-aid-piracy-fight.html
The US govt spies on the internet thru verizon so they want all criminal
activity to be viewable
by them. That is the reason Verizon censors nothing.

(my .02)
Raoul Watson
2008-02-11 02:30:18 UTC
Permalink
Post by - Bob -
http://www.techspot.com/news/28903-verizon-rejects-hollywoods-call-to-aid-piracy-fight.html
I really don't understand why anyone would want an ISP to get involved with
content filtering..

An ISP provide transport mechanism, nothing more and nothing less.
What people use the transport or the tools, it's up to them.

Holding verizon responsible for copyright issues is like
holding PeterPan responsible for interstate drug trafficking or
holding Verizon responsible because a mobster picked up
a phone and put a hit on someone..
- Bob -
2008-02-11 02:52:50 UTC
Permalink
On Mon, 11 Feb 2008 02:30:18 GMT, "Raoul Watson"
Post by Raoul Watson
Post by - Bob -
http://www.techspot.com/news/28903-verizon-rejects-hollywoods-call-to-aid-piracy-fight.html
I really don't understand why anyone would want an ISP to get involved with
content filtering..
Well, you obviously don't have the bent attitude of the RIAA :-)

Likewise, I don't see how (other) telecomm companies that illegally
provided private customer data to the government should receive
immunity from their illegal acts and their failure to protect their
customers...but some people in the Whitehouse do. At least Verizon
held the line there too.
Twayne
2008-02-11 19:49:02 UTC
Permalink
Post by - Bob -
On Mon, 11 Feb 2008 02:30:18 GMT, "Raoul Watson"
Post by Raoul Watson
Post by - Bob -
http://www.techspot.com/news/28903-verizon-rejects-hollywoods-call-to-aid-piracy-fight.html
I really don't understand why anyone would want an ISP to get
involved with content filtering..
Well, you obviously don't have the bent attitude of the RIAA :-)
Likewise, I don't see how (other) telecomm companies that illegally
provided private customer data to the government should receive
immunity from their illegal acts and their failure to protect their
customers...but some people in the Whitehouse do. At least Verizon
held the line there too.
Doing some terrorist communications are you? People like you just don't
want to get caught doing something 99% of the time.
- Bob -
2008-02-11 22:18:35 UTC
Permalink
On Mon, 11 Feb 2008 19:49:02 GMT, "Twayne"
Post by Twayne
Post by - Bob -
Well, you obviously don't have the bent attitude of the RIAA :-)
Likewise, I don't see how (other) telecomm companies that illegally
provided private customer data to the government should receive
immunity from their illegal acts and their failure to protect their
customers...but some people in the Whitehouse do. At least Verizon
held the line there too.
Doing some terrorist communications are you? People like you just don't
want to get caught doing something 99% of the time.
I'm thinking that you left the smiley face out of that. But in case
you didn't, you need to get together with GWB and go read the 4th
Amendment. And, if so, I'd make a wild guess that you need to read the
rest of the Constitution while you're there.
Twayne
2008-02-14 01:15:30 UTC
Permalink
Post by - Bob -
On Mon, 11 Feb 2008 19:49:02 GMT, "Twayne"
Post by Twayne
Post by - Bob -
Well, you obviously don't have the bent attitude of the RIAA :-)
Likewise, I don't see how (other) telecomm companies that illegally
provided private customer data to the government should receive
immunity from their illegal acts and their failure to protect their
customers...but some people in the Whitehouse do. At least Verizon
held the line there too.
Doing some terrorist communications are you? People like you just
don't want to get caught doing something 99% of the time.
I'm thinking that you left the smiley face out of that. But in case
you didn't, you need to get together with GWB and go read the 4th
Amendment. And, if so, I'd make a wild guess that you need to read the
rest of the Constitution while you're there.
People with nothing to hide; don't need to hide anything. It's not
exactly rocket science. You could always move elsewhere, you know. :-)
Better?
--
If it weren't for coincidences,
life would be a lot more boring!
Raoul Watson
2008-02-14 10:08:25 UTC
Permalink
Post by Twayne
Post by - Bob -
On Mon, 11 Feb 2008 19:49:02 GMT, "Twayne"
<snip>
Post by Twayne
People with nothing to hide; don't need to hide anything. It's not
exactly rocket science. You could always move elsewhere, you know. :-)
Better?
Although I agree, as pointed out, we do have a law against unreasonable
searches
Joe Moore
2008-02-15 19:18:19 UTC
Permalink
Post by Twayne
Post by - Bob -
On Mon, 11 Feb 2008 19:49:02 GMT, "Twayne"
Post by Twayne
Post by - Bob -
Well, you obviously don't have the bent attitude of the RIAA :-)
Likewise, I don't see how (other) telecomm companies that illegally
provided private customer data to the government should receive
immunity from their illegal acts and their failure to protect their
customers...but some people in the Whitehouse do. At least Verizon
held the line there too.
Doing some terrorist communications are you? People like you just
don't want to get caught doing something 99% of the time.
I'm thinking that you left the smiley face out of that. But in case
you didn't, you need to get together with GWB and go read the 4th
Amendment. And, if so, I'd make a wild guess that you need to read the
rest of the Constitution while you're there.
People with nothing to hide; don't need to hide anything.
I'd expect such a statement from one of those extremely rare people
who never wears clothes outside and never closes the bathroom door.

Certainly didn't expect it from someone posting as
Post by Twayne
It's not
exactly rocket science.
No, but the concept of privacy is still beyond some folks, I guess.


_ _
joemooreaterolsdotcom
- Bob -
2008-02-16 03:06:13 UTC
Permalink
Post by Joe Moore
Post by Twayne
People with nothing to hide; don't need to hide anything.
I'd expect such a statement from one of those extremely rare people
who never wears clothes outside and never closes the bathroom door.
Certainly didn't expect it from someone posting as
Post by Twayne
It's not
exactly rocket science.
No, but the concept of privacy is still beyond some folks, I guess.
I don't suspect he's ever read the Constitution and certainly has no
understanding of it or the founding principles of this country.

Too bad people like that are allowed to vote.
Twayne
2008-02-18 01:57:41 UTC
Permalink
Post by Joe Moore
Post by Twayne
Post by - Bob -
On Mon, 11 Feb 2008 19:49:02 GMT, "Twayne"
Post by Twayne
Post by - Bob -
Well, you obviously don't have the bent attitude of the RIAA :-)
Likewise, I don't see how (other) telecomm companies that
illegally provided private customer data to the government should
receive immunity from their illegal acts and their failure to
protect their customers...but some people in the Whitehouse do.
At least Verizon held the line there too.
Doing some terrorist communications are you? People like you just
don't want to get caught doing something 99% of the time.
I'm thinking that you left the smiley face out of that. But in case
you didn't, you need to get together with GWB and go read the 4th
Amendment. And, if so, I'd make a wild guess that you need to read
the rest of the Constitution while you're there.
People with nothing to hide; don't need to hide anything.
I'd expect such a statement from one of those extremely rare people
who never wears clothes outside and never closes the bathroom door.
Certainly didn't expect it from someone posting as
Post by Twayne
It's not
exactly rocket science.
No, but the concept of privacy is still beyond some folks, I guess.
_ _
joemooreaterolsdotcom
Your expectations are of no value to anyone and your phobias are getting
the better of you. Get real and get a life to enjoy, not hide under
rocks.
--
--
Perfection isn't achievable, but
it's sure a worthy pursuit.
- Bob -
2008-02-18 17:09:44 UTC
Permalink
On Mon, 18 Feb 2008 01:57:41 GMT, "Twayne"
Post by Twayne
Post by Joe Moore
No, but the concept of privacy is still beyond some folks, I guess.
_ _
joemooreaterolsdotcom
Your expectations are of no value to anyone and your phobias are getting
the better of you. Get real and get a life to enjoy, not hide under
rocks.
I'm curious: DO you even know what the 4th Amendment says? Do you have
any idea why the Founding Fathers implemented such a strong Bill of
Rights? Do you know what Liberty and Freedom are all about? Do you
have any idea how the government operates in totalitarian countries?
Paul
2008-04-10 06:07:07 UTC
Permalink
Post by - Bob -
On Mon, 18 Feb 2008 01:57:41 GMT, "Twayne"
Post by Twayne
Post by Joe Moore
No, but the concept of privacy is still beyond some folks, I guess.
_ _
joemooreaterolsdotcom
Your expectations are of no value to anyone and your phobias are getting
the better of you. Get real and get a life to enjoy, not hide under
rocks.
I'm curious: DO you even know what the 4th Amendment says? Do you have
any idea why the Founding Fathers implemented such a strong Bill of
Rights? Do you know what Liberty and Freedom are all about? Do you
have any idea how the government operates in totalitarian countries?
I do!, they operate as they please, they make their own rules, Ignore
the will of the populace,torture people, stifle dissent, and generally
use their position of power and privilege to to scratch only those backs
who have scratched theirs!! hmmm sound familiar??

Hmmm
- Bob -
2008-04-11 05:53:02 UTC
Permalink
Post by Paul
Post by - Bob -
I'm curious: DO you even know what the 4th Amendment says? Do you have
any idea why the Founding Fathers implemented such a strong Bill of
Rights? Do you know what Liberty and Freedom are all about? Do you
have any idea how the government operates in totalitarian countries?
I do!, they operate as they please, they make their own rules, Ignore
the will of the populace,torture people, stifle dissent, and generally
use their position of power and privilege to to scratch only those backs
who have scratched theirs!! hmmm sound familiar??
Hmmm
Remember when Bush & Co floated the idea of suspending the
Presidential Election last time because the country was in such
turmoil over the 9-11 attacks?

People in this country, unfortunately, for the most part, lack any
clue.
Jerry Peters
2008-04-11 20:52:04 UTC
Permalink
Post by - Bob -
Post by Paul
Post by - Bob -
I'm curious: DO you even know what the 4th Amendment says? Do you have
any idea why the Founding Fathers implemented such a strong Bill of
Rights? Do you know what Liberty and Freedom are all about? Do you
have any idea how the government operates in totalitarian countries?
I do!, they operate as they please, they make their own rules, Ignore
the will of the populace,torture people, stifle dissent, and generally
use their position of power and privilege to to scratch only those backs
who have scratched theirs!! hmmm sound familiar??
Hmmm
Remember when Bush & Co floated the idea of suspending the
Presidential Election last time because the country was in such
turmoil over the 9-11 attacks?
9/11 was in 2001, the presidential election was in 2004. IIRC
there was a proposal to suspend or delay some NY _state_ elections
because of 9/11.

Jerry
Post by - Bob -
People in this country, unfortunately, for the most part, lack any
clue.
Han
2008-04-12 00:28:19 UTC
Permalink
Post by Jerry Peters
9/11 was in 2001, the presidential election was in 2004. IIRC
there was a proposal to suspend or delay some NY _state_ elections
because of 9/11.
Jerry
Rudi wanted to run for NYC mayor again, after term limits had expired for
that position.
--
Best regards
Han
email address is invalid
Stephen Harris
2008-04-12 01:58:50 UTC
Permalink
Post by Han
Rudi wanted to run for NYC mayor again, after term limits had expired for
that position.
Or, at the very least, to postpone the election for a few months to allow
for "continuity" during the time of crisis.
--
Stephen Harris
An Englishman in New York
Now Available In New Jersey
- Bob -
2008-04-14 03:52:13 UTC
Permalink
Post by Jerry Peters
Post by - Bob -
Remember when Bush & Co floated the idea of suspending the
Presidential Election last time because the country was in such
turmoil over the 9-11 attacks?
9/11 was in 2001, the presidential election was in 2004. IIRC
there was a proposal to suspend or delay some NY _state_ elections
because of 9/11.
Jerry
Sorry Jerry, count yourself among the people who aren't paying
attention. Here's just one pointer, there were plenty of articles at
the time. Constitutional scholars were horrified:

http://www.buzzflash.com/analysis/04/07/ana04012.html

Joe Moore
2008-02-18 17:50:52 UTC
Permalink
Post by Twayne
Post by Joe Moore
Post by Twayne
Post by - Bob -
On Mon, 11 Feb 2008 19:49:02 GMT, "Twayne"
Post by Twayne
Post by - Bob -
Well, you obviously don't have the bent attitude of the RIAA :-)
Likewise, I don't see how (other) telecomm companies that
illegally provided private customer data to the government should
receive immunity from their illegal acts and their failure to
protect their customers...but some people in the Whitehouse do.
At least Verizon held the line there too.
Doing some terrorist communications are you? People like you just
don't want to get caught doing something 99% of the time.
I'm thinking that you left the smiley face out of that. But in case
you didn't, you need to get together with GWB and go read the 4th
Amendment. And, if so, I'd make a wild guess that you need to read
the rest of the Constitution while you're there.
People with nothing to hide; don't need to hide anything.
I'd expect such a statement from one of those extremely rare people
who never wears clothes outside and never closes the bathroom door.
Certainly didn't expect it from someone posting as
Post by Twayne
It's not
exactly rocket science.
No, but the concept of privacy is still beyond some folks, I guess.
_ _
joemooreaterolsdotcom
Your expectations are of no value to anyone
As are your assumptions.
Post by Twayne
...and your phobias are getting
the better of you.
Phobias?

The folks with the phobias are the ones who can't feel safe unless
they know what everyone else is doing and saying at all times.
Post by Twayne
... and Get real and get a life to enjoy, not hide under
rocks.
Whatever, Mr. "Nobody".

_ _
joemooreaterolsdotcom
Jim Beard
2008-02-24 01:07:05 UTC
Permalink
Post by - Bob -
I'm thinking that you left the smiley face out of that. But in case
you didn't, you need to get together with GWB and go read the 4th
Amendment. And, if so, I'd make a wild guess that you need to read the
rest of the Constitution while you're there.
"The right of thew people to be secure in their persons, houses,
papers, and effects, against unreasonable searches and seizures,
shall not be violated, and no Warrants shall issue, but upon
probable cause, support by Oath or affirmation, and particularly
describing the place to be searched, and the persons or things
to be seized."

Yep. Reads just like I remember it. And nowhere does it say
that even full-take wiretapping would be an "unreasonable
search or seizure," if the wiretap were placed in a location
other than a person's home. If you broadcast your message
via radio, anyone with a receiver that can intercept it is
welcome to it, no violation of Amendment IV whatsoever.

And if you send it over a network not owned or controlled by
you, that offers no assurance of control over where your
message may go between point of origin and destination, and
that is subject to monitoring by potentially many unidentified
parties, I cannot see that you have any claim of privacy at
all. Just as with radio broadcast. Searching that which is
available to public view is not a violation of Amendment IV.

Send it over the public network, or send it over the public
airwaves. In either case, by sending it in such fashion, you
have abandoned any claim to privacy. Anyone who can intercept
it, may do so, so far as Amendment IV goes.

In point of fact, to 1925 and beyond, wiretapping not done
within someone's home was legal, and so attested by Supreme
Court judgment. A later Supreme Court did change its mind,
thereby usurping power expressly delegated to the Congress
(creation of new law -- this was not simply a matter of
"interpretation"), but to argue that the original amendment
outlawed wiretapping is fatuous.

No cheers that the above needs to be stated every now
and then, just to remind the public at large that
blathering of fools need not be taken at face value.

jim b.
--
UNIX is not user-unfriendly; it merely
expects users to be computer-friendly.
Jason
2008-02-24 02:34:57 UTC
Permalink
Post by Jim Beard
Post by - Bob -
I'm thinking that you left the smiley face out of that. But in case
you didn't, you need to get together with GWB and go read the 4th
Amendment. And, if so, I'd make a wild guess that you need to read the
rest of the Constitution while you're there.
"The right of thew people to be secure in their persons, houses,
papers, and effects, against unreasonable searches and seizures,
shall not be violated, and no Warrants shall issue, but upon
probable cause, support by Oath or affirmation, and particularly
describing the place to be searched, and the persons or things
to be seized."
Yep. Reads just like I remember it. And nowhere does it say
that even full-take wiretapping would be an "unreasonable
search or seizure," if the wiretap were placed in a location
other than a person's home. If you broadcast your message
via radio, anyone with a receiver that can intercept it is
welcome to it, no violation of Amendment IV whatsoever.
That's not true. It's a crime to *act* on something you intercept on the
radio; interception is apparently not a crime. Remember the case of the
couple in Washington a few years ago who intercepted cell calls between
Gingrich and a lobbyist and disclosed them? They were arrested.

What's more, when that that amendment was written there were no wires,
so *of course* the framers could not have proscribed it.
Post by Jim Beard
And if you send it over a network not owned or controlled by
you, that offers no assurance of control over where your
message may go between point of origin and destination, and
that is subject to monitoring by potentially many unidentified
parties, I cannot see that you have any claim of privacy at
all. Just as with radio broadcast. Searching that which is
available to public view is not a violation of Amendment IV.
Are you a lawyer? Or just an idiot?
Post by Jim Beard
Send it over the public network, or send it over the public
airwaves. In either case, by sending it in such fashion, you
have abandoned any claim to privacy. Anyone who can intercept
it, may do so, so far as Amendment IV goes.
In point of fact, to 1925 and beyond, wiretapping not done
within someone's home was legal, and so attested by Supreme
Court judgment. A later Supreme Court did change its mind,
thereby usurping power expressly delegated to the Congress
(creation of new law -- this was not simply a matter of
"interpretation"), but to argue that the original amendment
outlawed wiretapping is fatuous.
No cheers that the above needs to be stated every now
and then, just to remind the public at large that
blathering of fools need not be taken at face value.
Exactly right, jim b. Thanks for reminding us.
Post by Jim Beard
jim b.
--
reverse my name in email address
Raoul Watson
2008-02-24 03:13:05 UTC
Permalink
Post by Jim Beard
Post by - Bob -
I'm thinking that you left the smiley face out of that. But in case
you didn't, you need to get together with GWB and go read the 4th
Amendment. And, if so, I'd make a wild guess that you need to read the
rest of the Constitution while you're there.
"The right of thew people to be secure in their persons, houses,
papers, and effects, against unreasonable searches and seizures,
shall not be violated, and no Warrants shall issue, but upon
probable cause, support by Oath or affirmation, and particularly
describing the place to be searched, and the persons or things
to be seized."
Yep. Reads just like I remember it. And nowhere does it say
that even full-take wiretapping would be an "unreasonable
search or seizure," if the wiretap were placed in a location
other than a person's home. If you broadcast your message
via radio, anyone with a receiver that can intercept it is
welcome to it, no violation of Amendment IV whatsoever.
And if you send it over a network not owned or controlled by
you, that offers no assurance of control over where your
message may go between point of origin and destination, and
that is subject to monitoring by potentially many unidentified
parties, I cannot see that you have any claim of privacy at
all. Just as with radio broadcast. Searching that which is
available to public view is not a violation of Amendment IV.
Send it over the public network, or send it over the public
airwaves. In either case, by sending it in such fashion, you
have abandoned any claim to privacy. Anyone who can intercept
it, may do so, so far as Amendment IV goes.
In point of fact, to 1925 and beyond, wiretapping not done
within someone's home was legal, and so attested by Supreme
Court judgment. A later Supreme Court did change its mind,
thereby usurping power expressly delegated to the Congress
(creation of new law -- this was not simply a matter of
"interpretation"), but to argue that the original amendment
outlawed wiretapping is fatuous.
No cheers that the above needs to be stated every now
and then, just to remind the public at large that
blathering of fools need not be taken at face value.
jim b.
You're a funny dude... neither wiretaping, networks, nor file
servers were available when our forefathers wrote the
constitution and its ammendments :-)
Han
2008-02-24 12:13:37 UTC
Permalink
Post by Raoul Watson
Post by Jim Beard
Post by - Bob -
I'm thinking that you left the smiley face out of that. But in case
you didn't, you need to get together with GWB and go read the 4th
Amendment. And, if so, I'd make a wild guess that you need to read the
rest of the Constitution while you're there.
"The right of thew people to be secure in their persons, houses,
papers, and effects, against unreasonable searches and seizures,
shall not be violated, and no Warrants shall issue, but upon
probable cause, support by Oath or affirmation, and particularly
describing the place to be searched, and the persons or things
to be seized."
Yep. Reads just like I remember it. And nowhere does it say
that even full-take wiretapping would be an "unreasonable
search or seizure," if the wiretap were placed in a location
other than a person's home. If you broadcast your message
via radio, anyone with a receiver that can intercept it is
welcome to it, no violation of Amendment IV whatsoever.
And if you send it over a network not owned or controlled by
you, that offers no assurance of control over where your
message may go between point of origin and destination, and
that is subject to monitoring by potentially many unidentified
parties, I cannot see that you have any claim of privacy at
all. Just as with radio broadcast. Searching that which is
available to public view is not a violation of Amendment IV.
Send it over the public network, or send it over the public
airwaves. In either case, by sending it in such fashion, you
have abandoned any claim to privacy. Anyone who can intercept
it, may do so, so far as Amendment IV goes.
In point of fact, to 1925 and beyond, wiretapping not done
within someone's home was legal, and so attested by Supreme
Court judgment. A later Supreme Court did change its mind,
thereby usurping power expressly delegated to the Congress
(creation of new law -- this was not simply a matter of
"interpretation"), but to argue that the original amendment
outlawed wiretapping is fatuous.
No cheers that the above needs to be stated every now
and then, just to remind the public at large that
blathering of fools need not be taken at face value.
jim b.
You're a funny dude... neither wiretaping, networks, nor file
servers were available when our forefathers wrote the
constitution and its ammendments :-)
That's where interpretation of the law comes in.

Let's split a few hairs here. As a biochemist (I'm not a lawyer), it
seems to me that:

1) a phone call is a very, very private thing between the people on
either end of an isolated wire with a private connection that no one has
a right to hear (except for law enforcement with a bona fide reason,
i.e. a court order). This is analogous to people having a conversation
inside the privacy of their home; the phone wire is by this definition
part of the home, and tapping the wire is a breach of the amendment
(see above).

2) Broadcasting unencrypted information via radio is by its nature
available to all who have a receiver that is properly tuned. No privacy
there. If you do encrypt the information, the raw material is still
available, and if you record such "publicly available" information, you
can play with it to your heart's content and maybe decrypt it. It's
still publicly available, and as long as you don't get the encryption
key by torture, still legal.

3) Internet communication (via wires, not wirelessly) is somewhere in
between broadcasting and provate wire transmission since it does go only
over corporate wires, but stops here and there and is retransmitted via
IP protocol-dictated routes. Is that public or private?

In my opinion, IP traffic is very close to the routing of phone calls
over phone company-owned wires, and I think a strong argument can and
should be made that tapping IP traffic should be subject to the same
legal rules as phone traffic is now.

However, I do believe that international phone traffic is automatically
listened to (Carnivore??) and that is apparently legal. While I think
that in theory it is possible that terrorist conversations can be
intercepted and thereby terrorist acts could be prevented (I said in
theory), it seems to me that in practice only the dumbest plots would be
intercepted. Anyone with reasonable intelligence should be capable of
setting up an innocent-sounding code.

So, to summarize, I'm very ambialent about this wiretapping stuff. I'm
not sure the cost-benefit ratio is good, if you take manhours and
privacy infringement into account versus the acts prevented. But we'll
never hear the true details of the benefits "they" obtained.
--
Best regards
Han
email address is invalid
pseudonym
2008-02-24 16:31:05 UTC
Permalink
Post by Jim Beard
Post by - Bob -
I'm thinking that you left the smiley face out of that. But in case
you didn't, you need to get together with GWB and go read the 4th
Amendment. And, if so, I'd make a wild guess that you need to read
the rest of the Constitution while you're there.
"The right of thew people to be secure in their persons, houses,
papers, and effects, against unreasonable searches and seizures,
shall not be violated, and no Warrants shall issue, but upon
probable cause, support by Oath or affirmation, and particularly
describing the place to be searched, and the persons or things
to be seized."
Yep. Reads just like I remember it. And nowhere does it say
that even full-take wiretapping would be an "unreasonable
search or seizure," if the wiretap were placed in a location
other than a person's home. If you broadcast your message
via radio, anyone with a receiver that can intercept it is
welcome to it, no violation of Amendment IV whatsoever.
And if you send it over a network not owned or controlled by
you, that offers no assurance of control over where your
message may go between point of origin and destination, and
that is subject to monitoring by potentially many unidentified
parties, I cannot see that you have any claim of privacy at
all. Just as with radio broadcast. Searching that which is
available to public view is not a violation of Amendment IV.
With all due respect, you are completely and utterly wrong. :-) You
simply aren't thinking the matter through. Let me attempt to explain.

If you look closely at the 4th amendment, you will see that it
specifically guarantees American citizens the right to be secure from
unreasonable government searches and seizures in their:

persons = Your body, your mind, what's in your clothing & pockets, etc.

houses = This is the part you focused on exclusively.

papers = Personal records, correspondence, information, etc.

effects = Personal property (cars, safe deposit boxes, purses, etc.)

Perhaps it isn't superficially obvious to you, but this does in fact
establish that internet-based communications are covered by the fourth
amendment. Why? Two reasons:

#1) Because internet-based communications fall under the definition of
"personal papers." "Papers" are defined as records, correspondence, and
information. Internet-based communications also consist of records,
correspondence, and information. "Personal papers" is therefore the
same as "your personal internet communications."

#2) Because the 4th amendment gives "personal papers" protection of
their very own, as if they themselves were private containers like our
houses and safe-deposit boxes. This is proven because the authors of
the 4th amendment specifically enumerated "papers" separately from
"persons," "houses," and "effects." If "personal papers" were only
intended to be protected from the 4th amendment WHEN kept within our
"houses" and "effects" (or upon our "persons"), then the authors would
not have seen the need to add "papers" to the list -- just as they saw
no need to enumerate any of the other items typically found within our
personal "houses" and "effects" as being among those deserving
protection.

So it's beyond doubt that our personal internet communications are
protected by the fourth amendment. (And the Supreme Court has agreed
upon this countless times with respect to multiple forms of electronic
data communication, including internet-based electronic data
communication.)

That said, our personal internet communications are not stripped of
their general expectation of privacy, or of their fourth amendment
protection, just because the parties involved in their *transmission*
possess the optional physical *ability* to monitor them. If the mere
*ability* of carriers to eavesdrop on communications automatically
eliminated all *general* expectations of privacy and fourth amendment
protection, then all packages and letters you sent through the postal
system would, by the same logic, be subject to unlimited and continuous
government surveillance just because they happened to be passing through
a shipping system you didn't control or own, and because that system was
staffed by postmen possessing the potential *ability* to open everyone's
mail. That's obviously untrue. Obviously, your postal mail is private
and cannot be opened without a warrant. The reason is because it is
personal.

So let's consider what makes internet communications personal. You
argue that no internet communications are personal because all internet
communications are "broadcasting." This is incorrect. It's incorrect
because you're treating the term "broadcasting" as if it means "any
communications that CAN physically be intercepted." The actual
definition of "broadcasting" is: communications *intended* by the sender
to be received *indiscriminately*, i.e. en masse.

In other words, by calling internet communications "broadcasts," you are
effectively arguing that postal letters are automatically stripped of
their "personal" status just because, in order to be delivered, they
must pass through the hands of people (postmen) not involved in their
content. This, of course, is also untrue.

What designates something as "personal" is who it is addressed to and
from. If a communication is addressed from one individual to another
individual, or from one group of people to another group of people, then
it is personal to the parties involved.

Therefore, postal letters are considered "personal" by *intent*: by
virtue of the individuals to whom they are addressed to and from.

All internet communications are likewise addressed to and from
individuals. Because of this, they are personal. And because internet
communications are also not "broadcasting," they are therefore subject
to a general expectation of privacy and fourth amendment protection.

The only time personal records/correspondence/information become public
*despite* the sender's intent for them to remain personal (private) is
when the sender chooses a means of communicating or storing them which
*directly* causes them to be exposed to persons who are neither
physically participating in their contents nor physically involved in
their delivery or storage. This is where your analogy to radio
(broadcasting) *should* have been made. The public airwaves are only
considered public (i.e. exempt from expectations of privacy and fourth
amendment protection) because radio signals propagate omnidirectionally
and indiscriminately. They *directly* enter the receiving equipment of
all people not directly involved in their authorship, intended
readership, or delivery. The operative analogy here is shouting. Radio
broadcasting is like yelling so loud that everyone in your neighborhood
can overhear you, whether they be private residents (no expectation of
privacy) or government officials prowling for criminal activity (no
fourth amendment protection).

Unlike radio broadcasts, postage letters and internet communications are
not delivered in ways which route their contents "omnidirectionally and
indiscriminately to everyone." They are, in fact, as a matter of
efficiency, routed in ways which involve the fewest number of hops (the
fewest number of delivery people) necessary to effect their delivery.
They furthermore qualify as personal (*not* broadcast) by virtue of
being individually addressed. Finally, again, a personal communication
isn't stripped of its personal status (and therefore its forth amendment
protection) just because those involved in its delivery have the
*ability* to spy.

End result? Internet communications are protected by the forth
amendment and have a general expectation of privacy. :-)

As an aside: when I say "GENERAL expectation of privacy", I'm referring
to the fact that the fourth amendment doesn't prohibit interception by
private persons or companies. Non-governmental interception is
naturally left to extra-constitutional laws to address -- such as
statute laws. And in the majority of cases, statute law does address
private interception. For example, your telephone company is only
allowed to intercept your conversations when in the process of
maintaining its physical equipment (i.e. a technician evaluating the
quality of your line), or when carrying out business on your behalf
(i.e. operator-assisted line break-ins or conference calling). It is
illegal for your telephone company to otherwise listen to your calls --
yes, calls you make right over *their* equipment -- for any other
purposes, whether those purposes be marketing, information-gathering, or
just "for the f%*k of it." The fact that no law (yet!) exists
prohibiting ISP monitoring for non-business/maintenance reasons doesn't
however eliminate your *general* expectation of privacy, or your fourth
amendment protection. Your internet communications remain protected by
the fourth amendment by virtue of the fact that they are personally
addressed and not broadcast. And while you may have to tolerate your
ISP watching you (given the lack of laws forbidding them from doing so),
you *still* legally have a *general* expectation of privacy -- from
persons *not* directly involved in the delivery of your internet
traffic. For instance, even though your ISP can read your e-mail, *I*
can't legally crack your POP3 password and read your e-mail myself.

Anyway, that's (more than) the jist of it.

You may also wish to look into the other particulars of the fourth
amendment's meaning. For example, "reasonable" searches and seizures
are those conducted with a warrant, or *without* a warrant *if* there is
reasonable cause to believe that life or limb is in *immediate* danger.
"Reasonable cause to believe that life or limb is in *immediate* danger"
is how the government attempts to justify warrantless searching. It
claims that because lives may be endangered at any time by terrorism,
there's always an "immediate" danger that makes warrantless searching
"reasonable." But this is sophistry (corrupt logic) because, legally,
warrantless searching done for fear of immediate danger to life or limb
can only persist for the short period of time between when that danger
is initially reasonably suspected and when a judge can be summoned to
either grant or deny a warrant authorizing continued surveillance beyond
the point of his reviewing the situation itself. And *that* is why the
government uses corrupt logic to justify warrantless searching. It
knows that no judge will consider the possibility of terrorism so
"everlastingly immediate" that it justifies *warranted* mass
surveillance. So, the government simply avoids going before a judge
(who would tell the government to end their mass-surveillance) by
claiming that the fourth amendment doesn't *require* them to go before a
judge in the first place. Hogwash. Buffalo chips.
Post by Jim Beard
In point of fact, to 1925 and beyond, wiretapping not done
within someone's home was legal,
That doesn't make sense. Can you name any wires in a 1925 home that
would've been desirable to tap from *within* the home YET undesirable or
pointless to tap from *outside* the home? Makes no sense. See, in
truth, the only wires within a home that would've been desirable to tap
would have been wires which continued *outside* the home -- those whose
content was identical inside and outside. This is why the Supreme Court
reversed its earlier erroneous ruling affirming that warrantless
wiretapping outside the home was constitutional. They concluded that,
because those wires carried "personal papers" (personal correspondence
and information), *where* the wires existed was irrelevant to the
greater fact that personal correspondence and information were
themselves protected by the fourth amendment.
Post by Jim Beard
and so attested by Supreme
Court judgment. A later Supreme Court did change its mind,
thereby usurping power expressly delegated to the Congress
(creation of new law -- this was not simply a matter of
"interpretation"), but to argue that the original amendment
outlawed wiretapping is fatuous.
On the contrary. The Supreme Court does in deed possess the rightful
ability to create "law." That "law" is called Common Law. Common Law
is not an "all powerful" form of law, however. It is merely the sum of
the Supreme Court's past rulings (precedents). And because the Supreme
Court is limited in its powers to (a) interpreting (clarifying) the
meanings (and constitutionality) of Statute Laws (laws passed by
Congress), and (b) affirming or denying the constitutionality of things
that have not yet been *addressed* by any known Statute Law, Common Law
is itself therefore no more powerful than just those two things.

The Supreme Court (Common Law) cannot simply pick and choose things to
make legal or illegal (as Congress can with Statutory Law). That's what
the "unelected-leaders-are-making-laws-from-the-bench" ignoramuses
claim. But they are wrong. Common Law is nothing more than a list of
(a) [portions of] Statutory Laws which have been found unconstitutional,
(b) things unaddressed by Statute Law that have been found to be
unconstitutional, and (c) things that have been found to be legal ONLY
because no Statute Law existed to prohibit them AND because the
constitution itself did not prohibit them. (C) is what normally gets
the "unelected leaders" crowd in an uproar. They're ignorant of the
simple fact that congress can respond to (c) by passing prohibitive
Statute Law -- as long as it doesn't defy the constitution.

Common Law is a fundamental part of the basis of our system of checks
and balances. The ability of the Supreme Court to create Common Law is
designed to protect, not oppress, us. And it protects us in two
fundamental ways. The first, I described above: the Supreme Court can
end government activity that violates the constitution even if there is
no Statute Law addressing that activity to strike down. (If the Supreme
Court could not create Common Law, the government would have a "back
door" to oppressing people by simply *not* passing Statute Laws
*denying* itself oppressive powers, and which the court could overturn.)

The second way Common Law protects us is against mob rule in times of
disaster. And it relies upon the fact that Supreme Court justices are
appointed for life. Let's say you are muslim, and that tomorrow, a
group of muslims destroy more New York City skyscrapers. Let's
furthermore assume that the American public goes nuts as a result, and
demands that all muslims everywhere be rounded up and thrown into
concentration camps without trials. Well, in this example, "all
muslims" includes you, Jim. And let's say that your Congressional
representatives, because of "mob" pressure (they must satisfy the public
in order to be re-elected), and because of their own anger, decide to
authorize these round-ups and concentration camps. (And don't suggest
Congress would never bend to the mob, or to its own anger. They did
with the Japanese camps.) At this point, if the courts cannot make
Common Law, you are officially fucked. You will rot in your
concentration camp until the public has calmed down enough that Congress
isn't afraid that releasing all those prisoners will cost them the next
election. (That may take years!) On the other hand, if the Supreme
Court *is* allowed to make Common Law, then your stay in those
concentration camps will be brief, if you're even rounded up at all.
All that will be required is one level-headed person or civil rights
group challenged those camps in court, and the court overthrow the
Statute Law authorizing them citing its unconstitutionality. And out
you'd go. Why? Because judges appointed for life are the only ones who
don't face termination of their careers if they do the right thing, even
if the right thing is temporarily unpopular.

Back to the point. The Supreme Court did exactly what it was designed
to do regarding the 1925 wiretapping case you reference. It ordered a
stop to a practice that it realized was in violation of the
constitution.

It's rather frustrating how few people understand our system of checks
and balances. It is, in fact, quite fair and just. Very much like
'rock, scissor, paper.' Statute Law (Congress) can be overriden by
Common Law (the Courts). Common Law can also be made on its own, as
described. Yet in turn, Common Law (the Court) is overriden by the
Constitution. This is why higher courts (better experts on the
Constitution) can overrule lower courts, and why the highest court (the
Supreme Court) can overrule itself if it feels that its past decisions
violated the Constitution. (In overturning its previous warrantless
wiretapping decision, the Supreme Court was merely (and finally!)
recognizing the Constitution's authority over it. Its *first* decision,
where it ruled warrantless wiretapping legal *despite* the constitution,
*was* an example of the court making arbitrary law -- "Statute Law"
style.) Finally, and yet again in turn, the Constitution can be
overriden by the Congress (by amending it). Rock, scissor, paper. If
any one branch of the government goes mad, another can balance it out.

P.S. #1 - Although I proved my point regarding the difference between
private internet traffic and broadcasting, I can also further emphasize
it by pointing out that the internet itself is also technically wired to
distinguish the two. If your UNIX sig is any indication, you're aware
of broadcast IP addresses. All other traffic is therefore technically
peer-to-peer -- personal.

P.S. #2 - Even when a message IS communicated through a medium that is
indiscriminate and omnidirectional in its propagation (broadcasting), it
is still possible to legally declare it private anyway, and therefore
give it fourth amendment protection. One example of this is when a
medium considered overwhelmingly private (like the telephone network)
relies, in minority part, upon a medium that is considered public (like
the public airwaves). Telephone calls uplinked and downlinked via
satellite utilize the RF spectrum: the public airwaves. Yet that "leg"
of the telephone network, while it might otherwise be considered public,
is nonetheless granted 4th amendment protection as well as a legal
expectation of privacy because of the fact that it "really" represents a
private communications system only forced in part to use a "public" one
for technical reasons. Same with analog cellular telephones. Despite
the fact that they used "cleartext" analog FM radio for transmission
purposes -- a medium so pedestrian that virtually anyone could intercept
their transmissions, they were *still* considered part of a greater,
private network, and were afforded full privacy and 4th amendment
protection. The reason I mention this is because it's relevant to the
internet as well. Think the radio ("broadcast") links between people's
laptops and wi-fi hubs, or between people's 3G (internet-enabled)
cellular phones and their local cell towers.
Twayne
2008-02-24 19:40:10 UTC
Permalink
All the attempts here to define the intent of the Constitution, though
laudible, are mere guesses because the ONLY ones who can interpret it
within the confines of legality and give it credibility are judges and
Congress on occasion.

superflous text omitted:
...
Tom
2008-02-24 21:31:55 UTC
Permalink
Post by Twayne
All the attempts here to define the intent of the Constitution, though
laudible, are mere guesses because the ONLY ones who can interpret it
within the confines of legality and give it credibility are judges and
Congress on occasion.
...
Yeah, the courts. That's been the problem for 40 years, the courts
"finding" things in the constitution that the founding fathers never put
in it.
Han
2008-02-24 21:40:10 UTC
Permalink
Post by Tom
Post by Twayne
All the attempts here to define the intent of the Constitution, though
laudible, are mere guesses because the ONLY ones who can interpret it
within the confines of legality and give it credibility are judges and
Congress on occasion.
...
Yeah, the courts. That's been the problem for 40 years, the courts
"finding" things in the constitution that the founding fathers never put
in it.
That's the problem: What you and I think as being common sense may not be
the same. Is state-supervised security more important than privacy? I
find it interesting that the opinions advocating privacy do not necessarily
overlap with those advocating gun control (just to kick-start another
discussion <grin>)
--
Best regards
Han
email address is invalid
- Bob -
2008-02-24 22:21:53 UTC
Permalink
Post by Han
Post by Tom
Yeah, the courts. That's been the problem for 40 years, the courts
"finding" things in the constitution that the founding fathers never put
in it.
That's the problem: What you and I think as being common sense may not be
the same. Is state-supervised security more important than privacy? I
find it interesting that the opinions advocating privacy do not necessarily
overlap with those advocating gun control (just to kick-start another
discussion <grin>)
Nonsense. The Constitution is clear, the intentions of the Founders
were clear, and the judgements by the Court, updated to accommodate
technological changes, are also clear. There is no right to "search"
without probable cause. Anyone who thinks searches without probable
cause are reasonable doesn't have a clue about freedom or the basis on
which this country was founded. Our Founders and Framers knew all too
well about the dangers or search and arrest without probable
cause.They'd experienced it on many occasions. Eves dropping on
private conversations, or obtaining records of private calls without
probable cause, is a constitutional violation. There's no room to
wiggle there. It's wrong.

In the case of wiretaps, authorities have had the ability to secure a
wiretap through the public courts simply by showing probable cause.
Note that there is no need to prove guilt of the parties, only
probable cause. It's all done in private so that the criminals don't
know that it's going on, but it happens, as it should, with the
oversight of the courts.

In the case of national security wiretaps, the security agencies have
had the FISA courts available for years. FISA works under an even
tighter veil of security. FISA courts have never turned down a request
for surveillance.

Yet somehow, noting the Constitution, and the fact that the agencies
can wiretap or obtain records on anyone they wish with simple probable
cause, even this isn't enough for GWB. He wants a totalitarian system
where those in the Administrative branch can decide, without recourse
or oversight, who they want to wiretap and when. That sort of system
does not support democracy, it is the opposite of democracy.
Han
2008-02-24 22:28:59 UTC
Permalink
Post by - Bob -
Post by Han
Post by Tom
Yeah, the courts. That's been the problem for 40 years, the courts
"finding" things in the constitution that the founding fathers never
put in it.
That's the problem: What you and I think as being common sense may
not be the same. Is state-supervised security more important than
privacy? I find it interesting that the opinions advocating privacy
do not necessarily overlap with those advocating gun control (just to
kick-start another discussion <grin>)
Nonsense. The Constitution is clear, the intentions of the Founders
were clear, and the judgements by the Court, updated to accommodate
technological changes, are also clear. There is no right to "search"
without probable cause. Anyone who thinks searches without probable
cause are reasonable doesn't have a clue about freedom or the basis on
which this country was founded. Our Founders and Framers knew all too
well about the dangers or search and arrest without probable
cause.They'd experienced it on many occasions. Eves dropping on
private conversations, or obtaining records of private calls without
probable cause, is a constitutional violation. There's no room to
wiggle there. It's wrong.
In the case of wiretaps, authorities have had the ability to secure a
wiretap through the public courts simply by showing probable cause.
Note that there is no need to prove guilt of the parties, only
probable cause. It's all done in private so that the criminals don't
know that it's going on, but it happens, as it should, with the
oversight of the courts.
In the case of national security wiretaps, the security agencies have
had the FISA courts available for years. FISA works under an even
tighter veil of security. FISA courts have never turned down a request
for surveillance.
Yet somehow, noting the Constitution, and the fact that the agencies
can wiretap or obtain records on anyone they wish with simple probable
cause, even this isn't enough for GWB. He wants a totalitarian system
where those in the Administrative branch can decide, without recourse
or oversight, who they want to wiretap and when. That sort of system
does not support democracy, it is the opposite of democracy.
I completely agree with your view, Bob. Wish I could have said it that
well. Obviously the voters in this country have no inkling as to what
the constitution means, otherwise they wouldn't have voted the way they
did. Who do we vote ofr next time? Ralph Nader? <GRIN>
--
Best regards
Han
email address is invalid
- Bob -
2008-02-24 22:40:27 UTC
Permalink
Post by Han
That's the problem: What you and I think as being common sense may not be
the same. Is state-supervised security more important than privacy? I
find it interesting that the opinions advocating privacy do not necessarily
overlap with those advocating gun control (just to kick-start another
discussion <grin>)
Gun Control is a completely different issue. Unlike the rights of the
4th Amendment, which is very clear in it's intent (less updates for
modern technologies), the 2nd Amendment has a large hole in it.

The framers wrote "A well regulated Militia, being necessary to the
security of a free State, the right of the people to keep and bear
Arms, shall not be infringed." The intent of the Framers was clear if
you consider their circumstances. They had just endured a war where
the British had, as a early tactic, attempted to seize their arms.
They understood that a citizens only way to stop government oppression
was to be armed and able to engage in armed revolt when threatened by
a tyrannical government. The Militia, the Minutemen, had been
instrumental in starting the opposition to the British. It wasn't Army
Regulars that started the American Revolution.

In fact, they understood that the simple fact that the populace was
armed, and was willing to establish a people's Militia, was likely
enough to deter most government attempts at tyranny.

Unfortunately, along the way, the courts decided that the "National
Guard" was a synonym for "Militia". This was a stretch, even in those
days, since the National Guard is an arm of State Government and
therefore not of the people. However, it stood scrutiny by the courts,
time and again. I'm not sure how.

However, as of late, GWB has taken over control of the National Guard,
ordering those troops into combat and making the Federal Government's
control over those troops clear. They are quite obviously no longer
the Militia that will protect us from tyranny - they are the troops
that the Federal Government would use to put down a revolt against
their excesses.

If the NRA wasn't such a bunch of Republican butt kissing wimps,
they'd force this issue back to the Supreme Court and get a ruling
that the National Guard no longer qualifies as "Militia", and
therefore the previous ruling on the 2nd Amendment is null and void.
However, the NRA is now basically a political arm of the Republican
Party and would never consider highlighting GWB's illegal move by
taking their one and only real chance at overturning that ruling.
Han
2008-02-24 22:49:33 UTC
Permalink
Post by - Bob -
Post by Han
That's the problem: What you and I think as being common sense may
not be the same. Is state-supervised security more important than
privacy? I find it interesting that the opinions advocating privacy
do not necessarily overlap with those advocating gun control (just to
kick-start another discussion <grin>)
Gun Control is a completely different issue. Unlike the rights of the
4th Amendment, which is very clear in it's intent (less updates for
modern technologies), the 2nd Amendment has a large hole in it.
The framers wrote "A well regulated Militia, being necessary to the
security of a free State, the right of the people to keep and bear
Arms, shall not be infringed." The intent of the Framers was clear if
you consider their circumstances. They had just endured a war where
the British had, as a early tactic, attempted to seize their arms.
They understood that a citizens only way to stop government oppression
was to be armed and able to engage in armed revolt when threatened by
a tyrannical government. The Militia, the Minutemen, had been
instrumental in starting the opposition to the British. It wasn't Army
Regulars that started the American Revolution.
In fact, they understood that the simple fact that the populace was
armed, and was willing to establish a people's Militia, was likely
enough to deter most government attempts at tyranny.
Unfortunately, along the way, the courts decided that the "National
Guard" was a synonym for "Militia". This was a stretch, even in those
days, since the National Guard is an arm of State Government and
therefore not of the people. However, it stood scrutiny by the courts,
time and again. I'm not sure how.
However, as of late, GWB has taken over control of the National Guard,
ordering those troops into combat and making the Federal Government's
control over those troops clear. They are quite obviously no longer
the Militia that will protect us from tyranny - they are the troops
that the Federal Government would use to put down a revolt against
their excesses.
If the NRA wasn't such a bunch of Republican butt kissing wimps,
they'd force this issue back to the Supreme Court and get a ruling
that the National Guard no longer qualifies as "Militia", and
therefore the previous ruling on the 2nd Amendment is null and void.
However, the NRA is now basically a political arm of the Republican
Party and would never consider highlighting GWB's illegal move by
taking their one and only real chance at overturning that ruling.
I agree with muc of what you are saying. However, the words "well-
regulated" carry much weight in my opinion. Some right-wing militant
groups in the US are using the 2nd amendment to stockpile arms for what I
would consider terrorist aims. To me well-regulated means gun control.
Idiots that can now so easily obtain firearms and wreak havoc in malls
and schools should not be able to get those weapons. I don't buy the
argument that if everyone had a concealed weapon, there would be no
criminals alive.
--
Best regards
Han
email address is invalid
vzevly5f
2008-02-25 01:20:16 UTC
Permalink
Post by Han
Post by - Bob -
Post by Han
That's the problem: What you and I think as being common sense may
not be the same. Is state-supervised security more important than
privacy? I find it interesting that the opinions advocating privacy
do not necessarily overlap with those advocating gun control (just to
kick-start another discussion <grin>)
Gun Control is a completely different issue. Unlike the rights of the
4th Amendment, which is very clear in it's intent (less updates for
modern technologies), the 2nd Amendment has a large hole in it.
The framers wrote "A well regulated Militia, being necessary to the
security of a free State, the right of the people to keep and bear
Arms, shall not be infringed." The intent of the Framers was clear if
you consider their circumstances. They had just endured a war where
the British had, as a early tactic, attempted to seize their arms.
They understood that a citizens only way to stop government oppression
was to be armed and able to engage in armed revolt when threatened by
a tyrannical government. The Militia, the Minutemen, had been
instrumental in starting the opposition to the British. It wasn't Army
Regulars that started the American Revolution.
In fact, they understood that the simple fact that the populace was
armed, and was willing to establish a people's Militia, was likely
enough to deter most government attempts at tyranny.
Unfortunately, along the way, the courts decided that the "National
Guard" was a synonym for "Militia". This was a stretch, even in those
days, since the National Guard is an arm of State Government and
therefore not of the people. However, it stood scrutiny by the courts,
time and again. I'm not sure how.
However, as of late, GWB has taken over control of the National Guard,
ordering those troops into combat and making the Federal Government's
control over those troops clear. They are quite obviously no longer
the Militia that will protect us from tyranny - they are the troops
that the Federal Government would use to put down a revolt against
their excesses.
If the NRA wasn't such a bunch of Republican butt kissing wimps,
they'd force this issue back to the Supreme Court and get a ruling
that the National Guard no longer qualifies as "Militia", and
therefore the previous ruling on the 2nd Amendment is null and void.
However, the NRA is now basically a political arm of the Republican
Party and would never consider highlighting GWB's illegal move by
taking their one and only real chance at overturning that ruling.
I agree with muc of what you are saying. However, the words "well-
regulated" carry much weight in my opinion. Some right-wing militant
groups in the US are using the 2nd amendment to stockpile arms for what I
would consider terrorist aims. To me well-regulated means gun control.
Idiots that can now so easily obtain firearms and wreak havoc in malls
and schools should not be able to get those weapons. I don't buy the
argument that if everyone had a concealed weapon, there would be no
criminals alive.
The words well regulated means to shoot straight. In earlier times one
would take a fire arm into a gun shop to get it regulated. This usually
involved reboreing the barrel out to a larger size to make the bore and
lands deeper thus being able to hold onto the patch and ball better.
This gave the bullet a better spin making it shoot straight. The word
could be used like this..."I am going to take my gun into the Hawken
brothers gun shop to get it regulated.
pseudonym
2008-02-25 07:47:06 UTC
Permalink
Post by Han
I agree with muc of what you are saying. However, the words "well-
regulated" carry much weight in my opinion. Some right-wing militant
groups in the US are using the 2nd amendment to stockpile arms for what I
would consider terrorist aims. To me well-regulated means gun control.
Most arguments over the 2nd amendment boil down to the meanings of "regulated"
and "militia." Their meanings have evolved over time, and the only way to
determine what the second amendment means today is to consider the meanings
of the words "regulated" and "militia" when the bill of rights was written.

To modern people, the word "regulated" is synonymous with concepts like
"restricted," "limited," or "restrained by law." When a modern person hears
"well-regulated" in association with the subject of guns, his natural
inclination is to think "gun control." But logically, this makes no sense,
because any militia whose weapony is "restricted" or "limited" is going to
find itself on the losing side. (When American soldiers were fighting WWII,
the government clearly didn't make attempts to limit the use of their guns.)

When the bill of rights was written, the word "regulated" was synonymous with
concepts like "fit," "well-oiled," "up to specification," or "in good working
order." That said, a militia cannot be considered "in good working order" if
its ability to keep and bear arms is infringed. Adjusted for the evolution
of the definition of "regulation", the second amendment literally reads: "A
militia in good working order, being necessary to the security of a free
State, the right of the people to keep and bear Arms, shall not be infringed."
If you furthermore adjust it for modern syntax and grammar, you get:
"[Because] a militia in good working order [is] necessary to the security of
a free State, the right of the people to keep and bear Arms shall not be
infringed."

With the word "militia", we again find new definitions in its modern use: the
primary definition being "fringe paramilitary forces," and the secondary one
being "a government-operated group of citizen-soldiers akin to the national
Post by Han
Online Etymology Dictionary
militia
In U.S. history, "the whole body of men declared by law amenable to
military service, without enlistment, whether armed and drilled or not"
(1777).
Modern translation: the "militia" is every American citizen who *qualifies* for
what we know as today's U.S. military, whether we're already enlisted in that
military or not, and whether we have received any military training or not.
The 2nd amendment's "militia" therefore means nothing more or less than: all of
us able-bodied Americans. The very same lowest common denominator whom the
Draft targets.
Post by Han
Idiots that can now so easily obtain firearms and wreak havoc in malls
and schools should not be able to get those weapons. I don't buy the
argument that if everyone had a concealed weapon, there would be no
criminals alive.
Try looking at it through this analogy. Sarah is consealing a 9mm pisol, and
Richard is a rapist. Dare Richard to rape Sarah. :-) Therein lies the
domestic implications of the second amendment. It doesn't result in dead
criminals. It helps to deter people from becoming criminals. In its simplest
form, the second amendment empowers the weak to level the playing field with
the strong: whether that means women fending off ogrish rapists, or Americans
fending off a tyrannical government.

If a mugger is asked either to rob an armed police officer or an unarmed
police officer, which would he logically choose?
- Bob -
2008-02-26 19:09:38 UTC
Permalink
Post by pseudonym
Post by Han
I agree with muc of what you are saying. However, the words "well-
regulated" carry much weight in my opinion. Some right-wing militant
groups in the US are using the 2nd amendment to stockpile arms for what I
would consider terrorist aims. To me well-regulated means gun control.
Most arguments over the 2nd amendment boil down to the meanings of "regulated"
and "militia." Their meanings have evolved over time, and the only way to
determine what the second amendment means today is to consider the meanings
of the words "regulated" and "militia" when the bill of rights was written.
As you've noted, those words are key. And, although I've trimmed your
post, your premise is correct. It doesn't take a degree in history to
understand what the Framers meant in the 2nd Amendment. One merely has
to look at the "well regulated militia" of the day and you will know
exactly what they meant. And one needs only to look at the actions of
the British and other tyrants to understand the basis for the
Amendment, as well as the 4th Amendment.

The only argument in the case of the 2nd Amendment is whether or not
the National Guard can be held up as the "Militia" of today. I think
GWB booted that out of the water.
Post by pseudonym
Try looking at it through this analogy. Sarah is consealing a 9mm pisol, and
Richard is a rapist. Dare Richard to rape Sarah. :-) Therein lies the
domestic implications of the second amendment. It doesn't result in dead
criminals. It helps to deter people from becoming criminals. In its simplest
form, the second amendment empowers the weak to level the playing field with
the strong: whether that means women fending off ogrish rapists, or Americans
fending off a tyrannical government.
If a mugger is asked either to rob an armed police officer or an unarmed
police officer, which would he logically choose?
a. I haven't seen anyone suggesting taking arms away from police
officers in the USA.
b. I don't think having citizens carrying weapons deters crime. It's
like suggesting that the death penalty deters murder... the stats just
don't add up.
Tom
2008-02-26 21:02:46 UTC
Permalink
Post by - Bob -
Post by pseudonym
Post by Han
I agree with muc of what you are saying. However, the words "well-
regulated" carry much weight in my opinion. Some right-wing militant
groups in the US are using the 2nd amendment to stockpile arms for what I
would consider terrorist aims. To me well-regulated means gun control.
Most arguments over the 2nd amendment boil down to the meanings of "regulated"
and "militia." Their meanings have evolved over time, and the only way to
determine what the second amendment means today is to consider the meanings
of the words "regulated" and "militia" when the bill of rights was written.
As you've noted, those words are key. And, although I've trimmed your
post, your premise is correct. It doesn't take a degree in history to
understand what the Framers meant in the 2nd Amendment. One merely has
to look at the "well regulated militia" of the day and you will know
exactly what they meant. And one needs only to look at the actions of
the British and other tyrants to understand the basis for the
Amendment, as well as the 4th Amendment.
The only argument in the case of the 2nd Amendment is whether or not
the National Guard can be held up as the "Militia" of today. I think
GWB booted that out of the water.
Post by pseudonym
Try looking at it through this analogy. Sarah is consealing a 9mm pisol, and
Richard is a rapist. Dare Richard to rape Sarah. :-) Therein lies the
domestic implications of the second amendment. It doesn't result in dead
criminals. It helps to deter people from becoming criminals. In its simplest
form, the second amendment empowers the weak to level the playing field with
the strong: whether that means women fending off ogrish rapists, or Americans
fending off a tyrannical government.
If a mugger is asked either to rob an armed police officer or an unarmed
police officer, which would he logically choose?
a. I haven't seen anyone suggesting taking arms away from police
officers in the USA.
b. I don't think having citizens carrying weapons deters crime. It's
like suggesting that the death penalty deters murder... the stats just
don't add up.
It's
Post by - Bob -
"like suggesting that the death penalty deters murder..."
Maybe, maybe not, but nobody can tell me it don't cut down on second
offenses.
James Silverton
2008-02-26 23:02:31 UTC
Permalink
Post by Tom
It's
Post by - Bob -
"like suggesting that the death penalty deters murder..."
Maybe, maybe not, but nobody can tell me it don't cut down on
second offenses.
First offences too, given the number of miscarriages of justice!
--
Jim Silverton
Potomac, Maryland
Jim Beard
2008-03-02 01:33:19 UTC
Permalink
I find it amusing how many idiots have raged against
my reply above, and thereby demonstrating only their
idiocy.

And on matters not addressed by me above (Amendment II),
I do believe the historians can find records on what
"the militia" meant to George Washington, the First
President of the United States to swear to uphold that
(and all other) portions of the Constitution.

Hint: "all the people."

Cheers!

jim b.
--
UNIX is not user-unfriendly; it merely
expects users to be computer-friendly.
James Silverton
2008-03-02 03:12:56 UTC
Permalink
Jim wrote on Sun, 02 Mar 2008 01:33:19 GMT:

JB> And on matters not addressed by me above (Amendment II),
JB> I do believe the historians can find records on what
JB> "the militia" meant to George Washington, the First
JB> President of the United States to swear to uphold that
JB> (and all other) portions of the Constitution.

JB> Hint: "all the people."

Whatever was your probably prejudiced reply, you might quote it
to let others know what you are talking about.

James Silverton
Potomac, Maryland

E-mail, with obvious alterations:
not.jim.silverton.at.verizon.not
- Bob -
2008-03-03 01:29:44 UTC
Permalink
Post by Jim Beard
I find it amusing how many idiots have raged against
my reply above, and thereby demonstrating only their
idiocy.
And on matters not addressed by me above (Amendment II),
I do believe the historians can find records on what
"the militia" meant to George Washington, the First
President of the United States to swear to uphold that
(and all other) portions of the Constitution.
Hint: "all the people."
Not sure what you are replying to, but I think I'd concur. The Militia
and the right to bear arms were to protect us against tyranny, not
enforce it. With the National Guard now formally under the thumb of
King George, it's clearly not the people's militia.
James Silverton
2008-02-24 22:53:46 UTC
Permalink
- wrote on Sun, 24 Feb 2008 22:40:27 GMT:

??>> another discussion <grin>)

B> Gun Control is a completely different issue. Unlike the
B> rights of the 4th Amendment, which is very clear in it's
B> intent (less updates for modern technologies), the 2nd
B> Amendment has a large hole in it.

B> The framers wrote "A well regulated Militia, being necessary
B> to the security of a free State, the right of the people to
B> keep and bear Arms, shall not be infringed."

I know there are "strict constructionists" but a lot of us feel
that the Supreme Court should interpret the Constitution in
modern terms. In any case "A well regulated Militia, being
necessary to the security of a free State, the right of the
people to keep and bear Arms, shall not be infringed" seems a
non-sequitur anyway.

James Silverton
Potomac, Maryland

E-mail, with obvious alterations:
not.jim.silverton.at.verizon.not
Raoul Watson
2008-02-25 00:17:39 UTC
Permalink
I'm going to chime in here as a federal officer.

Gun Control DOES NOT work. Period.

What do think laws are created for? For the criminals?

Do you think criminals will stop and say "Oh there is a law against this?"

Laws are created for law abiding citizens. Because only law abiding citizens
would obey the law. The law breakers will continue to break the law. When I
am waiting for a red light, in a little village somewhere in the US at 2AM
where there is absolutely no one there, I did so, because it is the law, not
because there is somebosy watching me to obey the law. The criminal mind on
the other hand, would scheme on how to "beat" the law.

Do you think criminals buy and register their guns?
The gun registrations just makes it hard for law abiding citizens.

Did you know that I as a Federal Officer, unless I am on duty, cannot carry
a firearm 1000 feet radius from a school? Did you know that the Federal Gun
Free School Zones applies to the US Marshals as well when they are off duty?
(which by the way is the most powerful law enforcement agency in the US)?
This is one of the results of the gun control freaks...

Were you all aware that part of the 9/11 disaster can be blamed on gun
control?

Have you heard the pilot disarming program in 1987 where guns were taken
from trained pilots?

Did you know that one of the trained pilots whom they disarmed was Captain
Victor Saracini?
Sounds familiar? yes indeed, he was the pilot of United 175 which took out
the south tower of the World trade center.

---Things may have been different had he been armed..

My boss the Attorney General has issued an opinion in 2004 beliving that the
rights mentioned applied equally to individuals and not only a group. I
belive likewise that "right of individuals, including those not then
actually a member of any militia or engaged in active military service or
training, to privately possess and bear their own firearms" but allows for
"reasonable restrictions" designed "to prevent unfit persons from possessing
firearms or to restrict possession of firearms particularly suited to
criminal misuse."
Han
2008-02-25 02:07:27 UTC
Permalink
Post by Raoul Watson
I'm going to chime in here as a federal officer.
Gun Control DOES NOT work. Period.
What do think laws are created for? For the criminals?
Do you think criminals will stop and say "Oh there is a law against this?"
Sorry Raoul. Didn't mean to get you upset. Maybe I'm just a naive ex-
Dutchman.
--
Best regards
Han
email address is invalid
Raoul Watson
2008-02-25 02:20:29 UTC
Permalink
Post by Han
Post by Raoul Watson
I'm going to chime in here as a federal officer.
Gun Control DOES NOT work. Period.
What do think laws are created for? For the criminals?
Do you think criminals will stop and say "Oh there is a law against this?"
Sorry Raoul. Didn't mean to get you upset. Maybe I'm just a naive ex-
Dutchman.
--
Best regards
Han
email address is invalid
LOL..not upset at all.. just voicing my loud opinion on Gun Control...
especially knowing the black markets and the street corners..
Han
2008-02-25 11:12:01 UTC
Permalink
Post by Raoul Watson
LOL..not upset at all.. just voicing my loud opinion on Gun Control...
especially knowing the black markets and the street corners..
You mean black markets are legal? As is what goes on on street corners?
Even Amsterdam is realizing that legalizing what goes on on the
"Walletjes" (red light district) too much leads to much more crime, not
less. I really think more strict gun control is good. If you have a
reason for having a firearm and can prove you can handle it, that's fine.
--
Best regards
Han
email address is invalid
Stephen Harris
2008-02-25 05:25:53 UTC
Permalink
Post by Raoul Watson
Were you all aware that part of the 9/11 disaster can be blamed on gun
control?
Were you aware that 9/11 can be blamed on the commander in chief?

There are a gazillion rants about the causes of 9/11. There are a gazillion
plus one fantasies of "what if". Gun control may or may not have had an
impact. You CAN NOT know. And anyone who says otherwise has an agenda.
Post by Raoul Watson
---Things may have been different had he been armed..
Emphasis on ***MAY***.

You can not know.

You do not know.

You are selling your biased opinion as fact.
--
Stephen Harris
An Englishman in New York
Now Available In New Jersey
Raoul Watson
2008-02-26 01:17:20 UTC
Permalink
"Stephen Harris" <***@spuddy.org> wrote in message news:***@spuddy.org...

..<snip>..
Post by Stephen Harris
You can not know.
You do not know.
You are selling your biased opinion as fact.
Huh?

It is a FACT that firearms were taken from pilots

It is a fact that Victor Saracini was a trained pilot

It is a fact that they disarmed Captain Victor Saracini

It is a fact that he was the pilot of United 175

It is a fact that this flight plowed into the south tower of the World trade
center.

Which fact don't you understand?
Stephen Harris
2008-02-26 01:39:36 UTC
Permalink
Post by Raoul Watson
Post by Stephen Harris
You can not know.
You do not know.
You are selling your biased opinion as fact.
Huh?
It is a FACT that firearms were taken from pilots
It is a fact that Victor Saracini was a trained pilot
It is a fact that they disarmed Captain Victor Saracini
It is a fact that he was the pilot of United 175
It is a fact that this flight plowed into the south tower of the World trade
center.
Which fact don't you understand?
It is _NOT_ a fact that if the captain had a gun then he would have used it.

It is _NOT_ a fact that the presence of a gun would have had a beneficial
impact on the outcome of the events.

They are the biased opinions you are selling as fact.
--
Stephen Harris
An Englishman in New York
Now Available In New Jersey
Raoul Watson
2008-02-26 01:46:32 UTC
Permalink
Post by Stephen Harris
Post by Raoul Watson
Post by Stephen Harris
You can not know.
You do not know.
You are selling your biased opinion as fact.
Huh?
It is a FACT that firearms were taken from pilots
It is a fact that Victor Saracini was a trained pilot
It is a fact that they disarmed Captain Victor Saracini
It is a fact that he was the pilot of United 175
It is a fact that this flight plowed into the south tower of the World trade
center.
Which fact don't you understand?
It is _NOT_ a fact that if the captain had a gun then he would have used it.
...
Ha ha ha.. yeah.. it is not a fact you will use a car if it is in your
garage either..
You are right of course :-)
reliquiae
2008-02-26 08:08:11 UTC
Permalink
Post by Raoul Watson
Post by Stephen Harris
Post by Raoul Watson
Post by Stephen Harris
You can not know.
You do not know.
You are selling your biased opinion as fact.
Huh?
It is a FACT that firearms were taken from pilots
It is a fact that Victor Saracini was a trained pilot
It is a fact that they disarmed Captain Victor Saracini
It is a fact that he was the pilot of United 175
It is a fact that this flight plowed into the south tower of the World trade
center.
Which fact don't you understand?
It is _NOT_ a fact that if the captain had a gun then he would have used it.
Ha ha ha.. yeah.. it is not a fact you will use a car if it is in your
garage either..
You are right of course :-)
Of course he's right. If I were an armed pilot and someone with a box cutter
tried to cut my throat and fly into a skyscraper, it would be much too dangerous
risking getting a booboo from his box cutter while reaching for my gun. No, it
would be much safer to let him cut my throat and fly into the skyscraper.

Postscript: by the powers vested in me by impecable logic, I demand all Americans
surrender their guns to Sarah Brady. If you don't, she'll give you a booboo with
her stapler.
Han
2008-02-26 11:28:35 UTC
Permalink
***@. reliquiae ***@. wrote in news:LNPwj.4735$***@trnddc07:

<snip>
Post by reliquiae
Of course he's right. If I were an armed pilot and someone with a box
cutter tried to cut my throat and fly into a skyscraper, it would be
much too dangerous risking getting a booboo from his box cutter while
reaching for my gun. No, it would be much safer to let him cut my
throat and fly into the skyscraper.
Postscript: by the powers vested in me by impecable logic, I demand
all Americans surrender their guns to Sarah Brady. If you don't,
she'll give you a booboo with her stapler.
I really don't want to be on a flight where the OK corral is repeated in
the cockpit. All kinds of intelligence and SOP were wrong on 9/11. But
one of the worst things was that cockpit doors were unlocked and made of
cardboard. In addition giving in to hijackers demands was SOP. Luckily
those things are (supposed to be) different these days.
--
Best regards
Han
email address is invalid
Raoul Watson
2008-02-27 01:22:22 UTC
Permalink
"Han" <***@nospam.not> wrote in message news:***@199.45.49.11...

..<snip..>
Post by Han
I really don't want to be on a flight where the OK corral is repeated in
the cockpit.
..<snip..>

Han, you are absolutely correct. Inside an aircraft is the WORST possible
place to discharge a firearm. Anyone with a little physics knowledge would
understand what a small hole will do to a pressurized body..

The air marshals trained and trained and fire thousands and thousands of
rounds so that their accuracy and expertise is second to none but a missed
target still pose a huge risk.

However, I much rather be in a flight where the OK corral was repeated
rather than in a flight headed to the trade center..
Post by Han
... In addition giving in to hijackers demands was SOP. Luckily
those things are (supposed to be) different these days.
In 1993 when I was at FLETC, we were trained that in a hostage situation not
to "ruffle" the hostage takers or make them upset. All that went out the
window during 9/11.. all those nice well behave hostages met their doom.
Books and rules were re-written after 9/11. But even today, there are very
few people that would fire at a hostage taker before asking questions. We
prosecute police officers who were quick on a trigger so yeah... they still
negotiate. I saw a recent incident where an NYPD officer negotiate and
negotiate (where I would have fire a shot) --I don't know-- it is very
difficult to judge what the best action would be. When things worked out OK
then people praise your action and you are a hero. When they don't, you are
the fall guy..
Han
2008-02-27 01:54:22 UTC
Permalink
Post by Raoul Watson
..<snip..>
Post by Han
I really don't want to be on a flight where the OK corral is repeated
in the cockpit.
..<snip..>
Han, you are absolutely correct. Inside an aircraft is the WORST
possible place to discharge a firearm. Anyone with a little physics
knowledge would understand what a small hole will do to a pressurized
body..
There is an episode of mythbusters (I do like that show) that examines
that idea. I think you should try to watch it some time, and be
surprised as I was.
Post by Raoul Watson
The air marshals trained and trained and fire thousands and thousands
of rounds so that their accuracy and expertise is second to none but a
missed target still pose a huge risk.
However, I much rather be in a flight where the OK corral was repeated
rather than in a flight headed to the trade center..
I so agree!!!
Post by Raoul Watson
Post by Han
... In addition giving in to hijackers demands was SOP. Luckily
those things are (supposed to be) different these days.
In 1993 when I was at FLETC, we were trained that in a hostage
situation not to "ruffle" the hostage takers or make them upset. All
that went out the window during 9/11.. all those nice well behave
hostages met their doom. Books and rules were re-written after 9/11.
But even today, there are very few people that would fire at a hostage
taker before asking questions. We prosecute police officers who were
quick on a trigger so yeah... they still negotiate. I saw a recent
incident where an NYPD officer negotiate and negotiate (where I would
have fire a shot) --I don't know-- it is very difficult to judge what
the best action would be. When things worked out OK then people praise
your action and you are a hero. When they don't, you are the fall
guy..
I totally agree again! Still, my point was that the doors to the cockpit
were so flimsy, and that it should always have been a nono for anyone but
crew to enter that sacrosanct area.
--
Best regards
Han
email address is invalid
Raoul Watson
2008-02-27 03:08:59 UTC
Permalink
Post by Han
Post by Raoul Watson
..<snip..>
Post by Han
I really don't want to be on a flight where the OK corral is repeated
in the cockpit.
..<snip..>
Han, you are absolutely correct. Inside an aircraft is the WORST
possible place to discharge a firearm. Anyone with a little physics
knowledge would understand what a small hole will do to a pressurized
body..
There is an episode of mythbusters (I do like that show) that examines
that idea. I think you should try to watch it some time, and be
surprised as I was.
Explosive or rapid decompression effects are always the same.. if it is
faster than the lungs can decompress, the lungs will bleed. Above 20,000
feet, you will also suffer from Hypoxia within a minute, without oxygen, you
will lose conciousness in under three minutes (of course brain damage will
occur if prolonged).
Han
2008-02-27 12:14:37 UTC
Permalink
Post by Raoul Watson
Post by Han
There is an episode of mythbusters (I do like that show) that
examines that idea. I think you should try to watch it some time,
and be surprised as I was.
Explosive or rapid decompression effects are always the same.. if it
is faster than the lungs can decompress, the lungs will bleed. Above
20,000 feet, you will also suffer from Hypoxia within a minute,
without oxygen, you will lose conciousness in under three minutes (of
course brain damage will occur if prolonged).
Totally agreed, but, basically the Mythbusters was about whether you
could suck people out of a pressurized aircraft by shooting a bullet
through a window or hull. The conclusion was that you really had to blow
a rather big hole before that could possibly happen; a bullet of any kind
was totally ineffective (if that's the word).

Decompression of an aircraft through a bullet hole would likely happen so
slowly that an alert flight crew would have time to descend to 10000 ft
or so, and of course a drop in pressure is supposed to drop the oxygen
masks down.

Again, I would not like to be guinea pig in any of these scenarios, but
the James Bond like way to get rid of your opponent by letting him/her
get sucked out of a plane is nonsense.
--
Best regards
Han
email address is invalid
Raoul Watson
2008-02-28 00:54:45 UTC
Permalink
Post by Han
Post by Raoul Watson
Post by Han
There is an episode of mythbusters (I do like that show) that
examines that idea. I think you should try to watch it some time,
and be surprised as I was.
Explosive or rapid decompression effects are always the same.. if it
is faster than the lungs can decompress, the lungs will bleed. Above
20,000 feet, you will also suffer from Hypoxia within a minute,
without oxygen, you will lose conciousness in under three minutes (of
course brain damage will occur if prolonged).
Totally agreed, but, basically the Mythbusters was about whether you
could suck people out of a pressurized aircraft by shooting a bullet
through a window or hull. The conclusion was that you really had to blow
a rather big hole before that could possibly happen; a bullet of any kind
was totally ineffective (if that's the word).
Decompression of an aircraft through a bullet hole would likely happen so
slowly that an alert flight crew would have time to descend to 10000 ft
or so, and of course a drop in pressure is supposed to drop the oxygen
masks down.
Again, I would not like to be guinea pig in any of these scenarios, but
the James Bond like way to get rid of your opponent by letting him/her
get sucked out of a plane is nonsense.
--
Best regards
Han
email address is invalid
Not sure I agree with Mythbuster 100%. There are different type of bullets
with different ammo "load" which affects power and velocity. Federal law
enforcement uses hollow point bullets rather than full metal jacket. Full
metal jacket would richochet and would go through a human body whereas
hollow point would not. Hollow point also offers higher accuracy due to the
more aft center of gravity. Hollow point is then a bullet of choice for
close encounters and tactical use since you can shoot someone in a crowd and
not worry about the bullet going through and hitting someone else.

The nasty part about hollow point is the fact that the tip will "mushroom"
and expand axially and break apart into several pieces. This is a problem
when shooting through let's say a car door or an aircraft fuselage. The hole
on one side is small and on the other side large. Theoretically, at 37,000
feet, if you sit next to this hole, the large hole on the outside (or the
missing window) would assist in the "tearing apart" of the fuselage and
technically also could force your body through the opening. Whether you come
out on the other side as a spaghetti or broken up is entirely up for debate
but like you said.. I certainly also would not like to be the guinea pig.
Janitor Boy Jr
2008-02-28 01:29:26 UTC
Permalink
On Thu, 28 Feb 2008 00:54:45 +0000, Raoul Watson tossed this out for all
Post by Raoul Watson
There are different type of bullets
with different ammo "load" which affects power and velocity. Federal law
enforcement uses hollow point bullets rather than full metal jacket. Full
metal jacket would richochet and would go through a human body whereas
hollow point would not. Hollow point also offers higher accuracy due to
the more aft center of gravity. Hollow point is then a bullet of choice
for close encounters and tactical use since you can shoot someone in a
crowd and not worry about the bullet going through and hitting someone
else.
The nasty part about hollow point is the fact that the tip will "mushroom"
and expand axially and break apart into several pieces.
mmmmm.
Federal Hydra-Shok.
my ammo of choice.
--
~Mike~
45°7'58"N 89°9'5"W
Raoul Watson
2008-02-28 01:33:54 UTC
Permalink
Post by Janitor Boy Jr
mmmmm.
Federal Hydra-Shok.
my ammo of choice.
With that choice you and I can have lunch together :-)
Janitor Boy Jr
2008-02-28 11:02:24 UTC
Permalink
On Thu, 28 Feb 2008 06:06:41 +0000, Outback Jon tossed this out for all to
Post by Raoul Watson
Post by Janitor Boy Jr
mmmmm.
Federal Hydra-Shok.
my ammo of choice.
With that choice you and I can have lunch together :-)
I'll duck when it comes time to decide who pays the check...
ha! good one! 8-)
--
~Mike~
45°7'58"N 89°9'5"W
Twayne
2008-02-28 18:18:17 UTC
Permalink
Post by Han
Decompression of an aircraft through a bullet hole would likely
happen so slowly that an alert flight crew would have time to
descend to 10000 ft or so, and of course a drop in pressure is
supposed to drop the oxygen masks down.
There are many military pilots and crewmen who would attest to that, as
can I myself. We had a bottom penetration once that came through two
bulkheads and lodged one of its pieces in the steel part of the pilot's
seat. He thought he'd been shot but all it did was shatter his
tailbone, fortunately.
No fast decompression, no oxymasks to drop down there, and we were at
28k alt. The cabin had 2 approx 1 1/2" holes in its bottom side. They
just dropped to 12k alt and went pedal to the metal for the carrier
deck. No decom problems, perfect landing, hit the second wire.
Copilot/nav drove of course. ONLY problem with the craft was the pilot
leaning forward on the controls for awhile.
Stephen Harris
2008-02-28 18:44:24 UTC
Permalink
Post by Twayne
There are many military pilots and crewmen who would attest to that, as
can I myself. We had a bottom penetration once that came through two
bulkheads and lodged one of its pieces in the steel part of the pilot's
seat. He thought he'd been shot but all it did was shatter his
tailbone, fortunately.
No fast decompression, no oxymasks to drop down there, and we were at
28k alt. The cabin had 2 approx 1 1/2" holes in its bottom side. They
just dropped to 12k alt and went pedal to the metal for the carrier
deck. No decom problems, perfect landing, hit the second wire.
Copilot/nav drove of course. ONLY problem with the craft was the pilot
leaning forward on the controls for awhile.
Cool story! Thanks for sharing!
--
Stephen Harris
An Englishman in New York
Now Available In New Jersey
Raoul Watson
2008-02-29 12:17:47 UTC
Permalink
<snip> ... no oxymasks to drop down there...
........for the carrier deck. No decom problems, perfect landing, hit the
second wire.
..<snip>

An aircraft having oxymask making a carrier landing..
What aircraft could this be?
Janitor Boy Jr
2008-02-29 16:00:52 UTC
Permalink
On Fri, 29 Feb 2008 12:17:47 +0000, Raoul Watson tossed this out for all
Post by Raoul Watson
<snip> ... no oxymasks to drop down there... ........for the carrier
deck. No decom problems, perfect landing, hit the second wire.
..<snip>
An aircraft having oxymask making a carrier landing.. What aircraft could
this be?
BWHAHAHAHAHAHAA
<smack!> ;-)
--
~Mike~
45°7'58"N 89°9'5"W
Twayne
2008-02-29 16:11:13 UTC
Permalink
Post by Raoul Watson
<snip> ... no oxymasks to drop down there...
........for the carrier deck. No decom problems, perfect landing,
hit the second wire.
..<snip>
An aircraft having oxymask making a carrier landing..
What aircraft could this be?
Naval A-3D; B-66 variant to the air force boys. Carrier was CVN-64,
big -E.
--
--
Regards,

Twayne

Open Office isn't just for wimps anymore;
OOo is a GREAT MS Office replacement
www.openoffice.org
Raoul Watson
2008-03-01 01:18:58 UTC
Permalink
Post by Twayne
Post by Raoul Watson
<snip> ... no oxymasks to drop down there...
........for the carrier deck. No decom problems, perfect landing,
hit the second wire.
..<snip>
An aircraft having oxymask making a carrier landing..
What aircraft could this be?
Naval A-3D; B-66 variant to the air force boys. Carrier was CVN-64,
big -E.
--
--
Regards,
Twayne
Open Office isn't just for wimps anymore;
OOo is a GREAT MS Office replacement
www.openoffice.org
Naval A-3D --All 3 Dead eh? the Douglas 3D has several variants. The one I
know has a framed canopy (no room for oxygen masks to drop :-) They would
have yanked it out anyway since they yanked out the ejection seats based on
the premise that most operations are done at high altitude. The oxygen then
is combined to a plug style coupled to the helmet --nothing to "drop"
there..
Twayne
2008-03-01 21:30:57 UTC
Permalink
Post by Raoul Watson
Post by Twayne
Post by Raoul Watson
<snip> ... no oxymasks to drop down there...
........for the carrier deck. No decom problems, perfect landing,
hit the second wire.
..<snip>
An aircraft having oxymask making a carrier landing..
What aircraft could this be?
Naval A-3D; B-66 variant to the air force boys. Carrier was CVN-64,
big -E.
--
--
Regards,
Twayne
Open Office isn't just for wimps anymore;
OOo is a GREAT MS Office replacement
www.openoffice.org
Naval A-3D --All 3 Dead eh? the Douglas 3D has several variants. The
one I know has a framed canopy (no room for oxygen masks to drop :-)
They would have yanked it out anyway since they yanked out the
ejection seats based on the premise that most operations are done at
high altitude. The oxygen then is combined to a plug style coupled to
the helmet --nothing to "drop" there..
All 3 dead and a few other phrases, too<g>. The other thrill was to
enter/exit thru its bunghole. And shame on you for exposing oxygen
masks - I couldn't believe no one jumped on that right away! Kind of
rude I suppose, but I wrote it, looked at what I had written, then just
said "oh what the heck; let's see who notices?"
Ejection seat? What's that? If you had to bail, since it was a
3-man crew, you pulled on your chute, pulled the lever & blew the
bunghole hatch open, and jumped out. At least there was no chance of
hitting a tail fin or elevator by going out the bottom side.
I knew one crew on a (forget the designator) where 6 operators were
set up inthe bomb bay who had to jump out the bomb bay. They're
supposed to go AFTER the cockpit crew goes, and use the dropped down
hatch for wind protection. But they didn't wait; blew out the bomb bay
doors and jumped out; they were all unconcious when they hit the ground
from the tumble-pummel they got as they exited without waiting for the
cockpit crew to open their hatch. One suffered anuerisms(sp?) from the
tumbling but was able to return to duty.

Regards,
Raoul Watson
2008-03-01 01:27:12 UTC
Permalink
Post by Twayne
Post by Raoul Watson
<snip> ... no oxymasks to drop down there...
........for the carrier deck. No decom problems, perfect landing,
hit the second wire.
..<snip>
An aircraft having oxymask making a carrier landing..
What aircraft could this be?
Naval A-3D; B-66 variant to the air force boys. Carrier was CVN-64,
big -E.
--
--
Regards,
Twayne
Open Office isn't just for wimps anymore;
OOo is a GREAT MS Office replacement
www.openoffice.org
You got me there buddy.. not familiar with CVN-64. I know CV-64 is the
Constellation..a "Kitty hawk" class ship. The Constellation of course is a
steam powered ship. The "N" stands for nuclear powered. The Constellation
was retrofitted sometimes in the seventies (I don't remember) I guess it is
possible for someone to swap the engines..
- Bob -
2008-03-01 17:50:36 UTC
Permalink
On Sat, 01 Mar 2008 01:27:12 GMT, "Raoul Watson"
Post by Raoul Watson
You got me there buddy.. not familiar with CVN-64. I know CV-64 is the
Constellation..a "Kitty hawk" class ship. The Constellation of course is a
steam powered ship. The "N" stands for nuclear powered. The Constellation
was retrofitted sometimes in the seventies (I don't remember) I guess it is
possible for someone to swap the engines..
Sure you can swap 'em. Just like putting a GM V8 and tranny in an
E-type Jag.

The boat doesn't handle the same when done but it's more reliable.
Twayne
2008-03-01 21:35:15 UTC
Permalink
Post by - Bob -
On Sat, 01 Mar 2008 01:27:12 GMT, "Raoul Watson"
Post by Raoul Watson
You got me there buddy.. not familiar with CVN-64. I know CV-64 is
the Constellation..a "Kitty hawk" class ship. The Constellation of
course is a steam powered ship. The "N" stands for nuclear powered.
The Constellation was retrofitted sometimes in the seventies (I
don't remember) I guess it is possible for someone to swap the
engines..
Woops! How quickly we forget! CVN-65. The Enterprise. I didn't even
notice the mistake until you spoke up; must have been half asleep!
Nope, the Connie wasn't swapped out - I was on 5 of them altogether.
We were a deployment squadron home based on Guam. Never heard of that
kind of a swap<g>.
Post by - Bob -
Sure you can swap 'em. Just like putting a GM V8 and tranny in an
E-type Jag.
The boat doesn't handle the same when done but it's more reliable.
--
--
Regards,

Twayne

Open Office isn't just for wimps anymore;
OOo is a GREAT MS Office replacement
www.openoffice.org
Twayne
2008-03-01 21:32:35 UTC
Permalink
Post by Raoul Watson
Post by Twayne
Post by Raoul Watson
<snip> ... no oxymasks to drop down there...
........for the carrier deck. No decom problems, perfect landing,
hit the second wire.
..<snip>
An aircraft having oxymask making a carrier landing..
What aircraft could this be?
Not many. Only a very few, usually for dignitaries and congressionals
had drop down masks. Crews had their own masks full time.
Post by Raoul Watson
Post by Twayne
Naval A-3D; B-66 variant to the air force boys. Carrier was CVN-64,
big -E.
--
--
Regards,
Twayne
Open Office isn't just for wimps anymore;
OOo is a GREAT MS Office replacement
www.openoffice.org
You got me there buddy.. not familiar with CVN-64. I know CV-64 is the
Constellation..a "Kitty hawk" class ship. The Constellation of course
is a steam powered ship. The "N" stands for nuclear powered. The
Constellation was retrofitted sometimes in the seventies (I don't
remember) I guess it is possible for someone to swap the engines..
--
--
Regards,

Twayne

Open Office isn't just for wimps anymore;
OOo is a GREAT MS Office replacement
www.openoffice.org
Raoul Watson
2008-03-01 01:31:06 UTC
Permalink
Someone just blasted me with CVN-64 .. Eisenhower.. DUH!!
Bob Doherty
2008-03-01 21:21:29 UTC
Permalink
On Sat, 01 Mar 2008 01:31:06 GMT, "Raoul Watson"
Post by Raoul Watson
Someone just blasted me with CVN-64 .. Eisenhower.. DUH!!
According to http://www.navybuddies.com/carriers.htm
The Eisenhower is CVN-69.
--
Bob Doherty
Twayne
2008-03-01 21:43:03 UTC
Permalink
Post by Bob Doherty
On Sat, 01 Mar 2008 01:31:06 GMT, "Raoul Watson"
Post by Raoul Watson
Someone just blasted me with CVN-64 .. Eisenhower.. DUH!!
According to http://www.navybuddies.com/carriers.htm
The Eisenhower is CVN-69.
Good link.
Huh , I thought the Nimitz was a lot bigger than the Enterprise but
guess not. Sure looked bigger the one time I saw it. I always get a
kick out of those "specs" too. e.g. top speed 30 + knots. We timed her
once at 52 knots from about 5,000 feet up. I used to love getting out
on the fantail during the speed runs to watch the wake.
--
--
Regards,

Twayne

Open Office isn't just for wimps anymore;
OOo is a GREAT MS Office replacement
www.openoffice.org
- Bob -
2008-02-28 01:26:39 UTC
Permalink
Post by Han
Decompression of an aircraft through a bullet hole would likely happen so
slowly that an alert flight crew would have time to descend to 10000 ft
or so, and of course a drop in pressure is supposed to drop the oxygen
masks down.
All while the pilot is carefully fighting off the hijackers with his
sidearm?
Stephen Harris
2008-02-25 05:25:53 UTC
Permalink
Post by Raoul Watson
I'm going to chime in here as a federal officer.
Gun Control DOES NOT work. Period.
After VT I did an analysis...

The firearm homicide rate in the US was 3 times higher than the total
homicide rate in the UK (firearm related deaths were 28 times higher in
the US than the UK, but that's clearly because they're more prevalent;
other weapons are more likely to be used in the UK).

Hmm, let's see if I can find those numbers... hmmm...

In 2001 there were 11,348 homicides caused by firearms in the US (CDC
2004 figures). That's from a population of 298 million (CIA factbook,
July 2006), or 1 homicide per 26,300 of the population.

In 2005/06 there were 765 total homicide offenses recorded in the UK, a
decrease of twelve per cent compared to the previous year (Home Office
Statistics). The figure of 765 includes the 52 homicide victims of the
7 July London bombings. Population of approx 60 million (CIA fact
book). That's one homicide per 78,400 of the population.

So US gun homicide rate is approx 3 times that of UK total homicide
rate.

Is gun control related to that? Eh... who knows. Will gun control
work in the US? Eh... who knows. Given the prevalence of guns in this
country... it's a harder sell. The UK didn't have gun control 60 years
ago; they do now.

It's always possible that Americans are jist blood thirsty and would go
at each other with hatchets if guns weren't availble!

As for the rest of your statements... provide a CITE.

I have quoted the source for my statistics. CIA fact book; government
statistics. Prove your statements. Otherwise you're just blowing hot
air.
--
Stephen Harris
An Englishman in New York
Now Available In New Jersey
Raoul Watson
2008-02-26 01:08:51 UTC
Permalink
"Stephen Harris" <***@spuddy.org> wrote in message news:***@spuddy.org...

..<snip>
Post by Stephen Harris
I have quoted the source for my statistics. CIA fact book; government
statistics. Prove your statements. Otherwise you're just blowing hot
air.
Isn't strange that you picked 2005-2006? Why not start in 1997 when the
Brits got disarmed.
The two 1997 Firearms (Amendment) Acts resulted in the prohibition of the
vast majority of handguns in Great Britain. As a result of the prohibition
and the surrender exercise, more than 162,000 handguns were handed in to
local police forces. So now the citizens were disarmed and the criminals
not.. what a concept.

Since then violence in England has gotten worse. Over the course of a few
days in the summer of 2001, gun-toting men burst into an English court and
freed two defendants; a shooting outside a London nightclub left five women
and three men wounded; and two men were machine-gunned to death in a
residential neighborhood of north London. By July, the gun crime has gone up
by 40%..

These aren't my figures.. http://news.bbc.co.uk/1/hi/uk/1440764.stm

It's a very simple common sense. If you are criminal, would you approach and
rob an old lady who might be carrying a gun? I think not..
Janitor Boy Jr
2008-02-26 01:13:25 UTC
Permalink
On Tue, 26 Feb 2008 01:08:51 +0000, Raoul Watson tossed this out for all
Post by Stephen Harris
Prove your statements. Otherwise you're just blowing hot
air.
I'd like a big bucket of popcorn and a large Pepsi please...
--
~Mike~
45°7'58"N 89°9'5"W
Stephen Harris
2008-02-26 01:31:28 UTC
Permalink
Post by Raoul Watson
..<snip>
Post by Stephen Harris
I have quoted the source for my statistics. CIA fact book; government
statistics. Prove your statements. Otherwise you're just blowing hot
air.
Isn't strange that you picked 2005-2006? Why not start in 1997 when the
Because that was the last year available when I did the research.
Post by Raoul Watson
Brits got disarmed.
Well, there were earlier disarmament laws before that as well. The 1997 law
was merely the latest in a number of laws.

Besides, I wanted to compare a country that had a proliferation of arms (US)
to a country which didn't (UK), so using 1997 as a comparison wouldn't have
been valid.
Post by Raoul Watson
Since then violence in England has gotten worse. Over the course of a few
No, it hasn't. If you look at UK crime stats the numbers have mostly gone
down.

Here's the latest report:

http://www.homeoffice.gov.uk/rds/pdfs07/hosb1107.pdf

Three per cent of most serious offences of violence against the person
(other than homicide) involved firearms in 2006/07, down from four per
cent in 2005/06. In terms of numbers of offences, there was a 16 per
cent fall from 760 to 635 offences.

Less than half of one per cent (0.4%) of other violence against the
person offences involved firearms in 2006/07 the 3,690 offences recorded
representing a 22 per cent decrease from 2005/06.

Firearms were used in 58 homicides, nine offences (or 18%) more than the
49 recorded in 2005/06. In addition, three homicides involving the use
of air weapons were recorded in 2006/07, making a total of 61 firearms
homicides (including air weapons) for the period.


There were 3,891 firearm robberies in 2006/07, a four per cent decrease
from the previous year. Firearms were used in just under four per cent
(3.8%) of all robbery offences recorded by police.

Handguns were used in 4,144 offences during 2006/07, 11 per cent (or 527
offences) fewer than in 2005/06. Shotguns were used in 608 offences, a
five per cent decrease from the previous year.

There were 413 firearm offences that resulted in serious injury in
2006/07, a 13 per cent decrease over 2005/06. The number of slight
injuries decreased by 23 per cent to 2,528 from 2005/06. Forty one per
cent of these slight injuries were caused by imitation weapons (some of
which fire plastic pellets).

Imitation weapons were used in 2,493 offences in 2006/07, 24 per cent or
782 offences fewer than in the previous year after substantial increases
since 1999/00. BB guns/ soft air weapons accounted for four fifths (83%)
of these offences.

These low %age numbers surely indicate that other weapons have been used.
They go on to say, relating to other weapons...

It is currently not possible to identify offences involving the use of
weapons other than firearms from national police recorded crime
statistics. Figures for serious wounding involving knives and other
sharp instruments from 2007/08 onwards will be presented in future
volumes.

Weapons were used in 24 per cent of all BCS violent crimes in 2006/07
(Table 3.05), a similar proportion to 2005/06 BCS (22 per cent, the
apparent difference is not statistically significant).

The most common types of weapons used were knives (used in seven per
cent of all BCS incidents of violence), hitting implements (6%), and
glass or bottles (5%). The use of different types of weapons has
remained similar between 2005/06 and 2006/07 BCS.
Post by Raoul Watson
residential neighborhood of north London. By July, the gun crime has gone up
by 40%..
Yeah, when the total crime number is in double and low triple digits
it's very very easy for one or two actions to create a large %age jump.
If I have 1 dollar and gain a dollar then my money has gone up 100%; if
I have 1000 dollars and gain a dollar then my money has only gone up
0.1% But the change, in both cases, is the same; 1 dollar.

(It's a known issue with statistical analysis of small numbers).
Post by Raoul Watson
It's a very simple common sense. If you are criminal, would you approach and
rob an old lady who might be carrying a gun? I think not..
And yet American is still a lot more violent than the UK. US gun
homicides alone outnumber total UK homicides by a factor of three, per
capita of population.

I have been threatened by someone ("if I had my gun I'd shoot you; I
would!") in a Radio Shack in Brooklyn (NY) simply because of how I was
dressed. Yeah, guns make for a safe society, sure. (That's sarcasm if
you didn't get it).

How does it go... "An armed society is a polite society." Feh!
--
Stephen Harris
An Englishman in New York
Now Available In New Jersey
Raoul Watson
2008-02-27 01:09:53 UTC
Permalink
"Stephen Harris" <***@spuddy.org> wrote in message news:***@spuddy.org...

..<snip>..
Post by Stephen Harris
It is currently not possible to identify offences involving the use of
weapons other than firearms from national police recorded crime
statistics. Figures for serious wounding involving knives and other
sharp instruments from 2007/08 onwards will be presented in future
volumes.
..<snip>..

I really don't want to put my respected brits on the spot but reading this
article might give you an idea about stats..
http://www.timesonline.co.uk/tol/news/uk/article494951.ece

My Scotland Yard friend told me that unless a gun is positively identified
and a bullet or bullet hole is found, they refuse to consider it a "firearm
related crime"

..<snip..>
Post by Stephen Harris
I have been threatened by someone ("if I had my gun I'd shoot you; I
would!") in a Radio Shack in Brooklyn (NY)..
..<snip>

Heh.. I guess you have a way to annoy people eh?
Tom
2008-02-25 01:11:26 UTC
Permalink
Post by - Bob -
Post by Han
That's the problem: What you and I think as being common sense may not be
the same. Is state-supervised security more important than privacy? I
find it interesting that the opinions advocating privacy do not necessarily
overlap with those advocating gun control (just to kick-start another
discussion <grin>)
Gun Control is a completely different issue. Unlike the rights of the
4th Amendment, which is very clear in it's intent (less updates for
modern technologies), the 2nd Amendment has a large hole in it.
The framers wrote "A well regulated Militia, being necessary to the
security of a free State, the right of the people to keep and bear
Arms, shall not be infringed." The intent of the Framers was clear if
you consider their circumstances. They had just endured a war where
the British had, as a early tactic, attempted to seize their arms.
They understood that a citizens only way to stop government oppression
was to be armed and able to engage in armed revolt when threatened by
a tyrannical government. The Militia, the Minutemen, had been
instrumental in starting the opposition to the British. It wasn't Army
Regulars that started the American Revolution.
In fact, they understood that the simple fact that the populace was
armed, and was willing to establish a people's Militia, was likely
enough to deter most government attempts at tyranny.
Unfortunately, along the way, the courts decided that the "National
Guard" was a synonym for "Militia". This was a stretch, even in those
days, since the National Guard is an arm of State Government and
therefore not of the people. However, it stood scrutiny by the courts,
time and again. I'm not sure how.
However, as of late, GWB has taken over control of the National Guard,
ordering those troops into combat and making the Federal Government's
control over those troops clear. They are quite obviously no longer
the Militia that will protect us from tyranny - they are the troops
that the Federal Government would use to put down a revolt against
their excesses.
If the NRA wasn't such a bunch of Republican butt kissing wimps,
they'd force this issue back to the Supreme Court and get a ruling
that the National Guard no longer qualifies as "Militia", and
therefore the previous ruling on the 2nd Amendment is null and void.
However, the NRA is now basically a political arm of the Republican
Party and would never consider highlighting GWB's illegal move by
taking their one and only real chance at overturning that ruling.
Well, if you accept the anti-gun lobby's interpretation, and I do NOT,
that "a well regulated militia" means the army, then what they're saying
is that every arms control treaty the senate ever ratified is
unconstitutional.
Bob Doherty
2008-02-25 15:06:10 UTC
Permalink
-->> excised <<---
Post by - Bob -
If the NRA wasn't such a bunch of Republican butt kissing wimps,
they'd force this issue back to the Supreme Court and get a ruling
that the National Guard no longer qualifies as "Militia", and
therefore the previous ruling on the 2nd Amendment is null and void.
However, the NRA is now basically a political arm of the Republican
Party and would never consider highlighting GWB's illegal move by
taking their one and only real chance at overturning that ruling.
As a matter of fact the District of Columbia Court of Appeals declared
the DC gun control law unconstitutional on 2nd amendment grounds and
the case was granted certiorari by the SCOTUS this year. The appeal
will be heard imminently before the Supreme Court and there is at
least a chance that the 2nd amendment will be restored to its original
meaning and intent. I believe the NRA filed an amicus brief in the
case.

Certainly in 18th century terms it is clear that 'well-regulated
militia' meant that the body of able-bodied men were well trained in
the use of fire arms, quite analogous to the Swiss situation today.
--
Bob Doherty
Joe Moore
2008-02-26 05:08:04 UTC
Permalink
Post by Bob Doherty
-->> excised <<---
Post by - Bob -
If the NRA wasn't such a bunch of Republican butt kissing wimps,
they'd force this issue back to the Supreme Court and get a ruling
that the National Guard no longer qualifies as "Militia", and
therefore the previous ruling on the 2nd Amendment is null and void.
However, the NRA is now basically a political arm of the Republican
Party and would never consider highlighting GWB's illegal move by
taking their one and only real chance at overturning that ruling.
As a matter of fact the District of Columbia Court of Appeals declared
the DC gun control law unconstitutional on 2nd amendment grounds and
the case was granted certiorari by the SCOTUS this year. The appeal
will be heard imminently before the Supreme Court and there is at
least a chance that the 2nd amendment will be restored to its original
meaning and intent. I believe the NRA filed an amicus brief in the
case.
Certainly in 18th century terms it is clear that 'well-regulated
militia' meant that the body of able-bodied men were well trained in
the use of fire arms, quite analogous to the Swiss situation today.
I hope they stick to the original meaning of "arms" and confirm the
right to own single shot muskets. I'd hate to see them confirm the
right to toss a grenade or call in an air strike (which well trained
militia do today).
_ _
joemooreaterolsdotcom
pseudonym
2008-02-25 08:47:24 UTC
Permalink
Post by Twayne
All the attempts here to define the intent of the Constitution, though
laudible, are mere guesses because the ONLY ones who can interpret it
within the confines of legality and give it credibility are judges and
Congress on occasion.
If what you're saying is that judges and Congressmen are the only people
whose opinions legally count, then yes, you're right. But that's only
because they alone possess law- and precedent-making powers.

The powers of reading and comprehension, however, are entirely separate
things, and their possession isn't contingent upon being elected to
office or being appointed to a judge's seat.

"We the People" can understand the constitution as easily as can Congress
and the Supreme Court. Insisting that we aren't "qualified" to do so is
simply a counter-measure used by those who're intentionally twisting its
meaning and who need a means of explaining away our objections to their
nonsensical interpretations of it.

Because, normally, when we see an official twisting our constitution's
meaning to suit agendas which are counter to our interests, it's our duty
and inclination to throw them out of office. And they know that.
- Bob -
2008-02-26 18:54:00 UTC
Permalink
Post by pseudonym
Because, normally, when we see an official twisting our constitution's
meaning to suit agendas which are counter to our interests, it's our duty
and inclination to throw them out of office. And they know that.
But, Supreme Court members are appointed for life. Most voters don't
realize that they are voting for the Supreme Court's makeup for many
years to come when they are voting for President. There's no throwing
them out.

Unfortunately, some Presidents as of late have made concerted efforts
to stack the Supreme Court to meet their personal agendas.
Tom
2008-02-26 21:00:57 UTC
Permalink
Post by - Bob -
Post by pseudonym
Because, normally, when we see an official twisting our constitution's
meaning to suit agendas which are counter to our interests, it's our duty
and inclination to throw them out of office. And they know that.
But, Supreme Court members are appointed for life. Most voters don't
realize that they are voting for the Supreme Court's makeup for many
years to come when they are voting for President. There's no throwing
them out.
Unfortunately, some Presidents as of late have made concerted efforts
to stack the Supreme Court to meet their personal agendas.
Some presidents? Name one, besides George Washington, that didn't.
Raoul Watson
2008-02-25 00:19:57 UTC
Permalink
Post by pseudonym
Post by Jim Beard
Post by - Bob -
I'm thinking that you left the smiley face out of that. But in case
you didn't, you need to get together with GWB and go read the 4th
Amendment. And, if so, I'd make a wild guess that you need to read
the rest of the Constitution while you're there.
"The right of thew people to be secure in their persons, houses,
papers, and effects, against unreasonable searches and seizures,
shall not be violated, and no Warrants shall issue, but upon
probable cause, support by Oath or affirmation, and particularly
describing the place to be searched, and the persons or things
to be seized."
Yep. Reads just like I remember it. And nowhere does it say
that even full-take wiretapping would be an "unreasonable
search or seizure," if the wiretap were placed in a location
other than a person's home. If you broadcast your message
via radio, anyone with a receiver that can intercept it is
welcome to it, no violation of Amendment IV whatsoever.
And if you send it over a network not owned or controlled by
you, that offers no assurance of control over where your
message may go between point of origin and destination, and
that is subject to monitoring by potentially many unidentified
parties, I cannot see that you have any claim of privacy at
all. Just as with radio broadcast. Searching that which is
available to public view is not a violation of Amendment IV.
With all due respect, you are completely and utterly wrong. :-) You
simply aren't thinking the matter through. Let me attempt to explain.
If you look closely at the 4th amendment, you will see that it
specifically guarantees American citizens the right to be secure from
persons = Your body, your mind, what's in your clothing & pockets, etc.
houses = This is the part you focused on exclusively.
papers = Personal records, correspondence, information, etc.
effects = Personal property (cars, safe deposit boxes, purses, etc.)
Perhaps it isn't superficially obvious to you, but this does in fact
establish that internet-based communications are covered by the fourth
#1) Because internet-based communications fall under the definition of
"personal papers." "Papers" are defined as records, correspondence, and
information. Internet-based communications also consist of records,
correspondence, and information. "Personal papers" is therefore the
same as "your personal internet communications."
#2) Because the 4th amendment gives "personal papers" protection of
their very own, as if they themselves were private containers like our
houses and safe-deposit boxes. This is proven because the authors of
the 4th amendment specifically enumerated "papers" separately from
"persons," "houses," and "effects." If "personal papers" were only
intended to be protected from the 4th amendment WHEN kept within our
"houses" and "effects" (or upon our "persons"), then the authors would
not have seen the need to add "papers" to the list -- just as they saw
no need to enumerate any of the other items typically found within our
personal "houses" and "effects" as being among those deserving
protection.
So it's beyond doubt that our personal internet communications are
protected by the fourth amendment. (And the Supreme Court has agreed
upon this countless times with respect to multiple forms of electronic
data communication, including internet-based electronic data
communication.)
That said, our personal internet communications are not stripped of
their general expectation of privacy, or of their fourth amendment
protection, just because the parties involved in their *transmission*
possess the optional physical *ability* to monitor them. If the mere
*ability* of carriers to eavesdrop on communications automatically
eliminated all *general* expectations of privacy and fourth amendment
protection, then all packages and letters you sent through the postal
system would, by the same logic, be subject to unlimited and continuous
government surveillance just because they happened to be passing through
a shipping system you didn't control or own, and because that system was
staffed by postmen possessing the potential *ability* to open everyone's
mail. That's obviously untrue. Obviously, your postal mail is private
and cannot be opened without a warrant. The reason is because it is
personal.
So let's consider what makes internet communications personal. You
argue that no internet communications are personal because all internet
communications are "broadcasting." This is incorrect. It's incorrect
because you're treating the term "broadcasting" as if it means "any
communications that CAN physically be intercepted." The actual
definition of "broadcasting" is: communications *intended* by the sender
to be received *indiscriminately*, i.e. en masse.
In other words, by calling internet communications "broadcasts," you are
effectively arguing that postal letters are automatically stripped of
their "personal" status just because, in order to be delivered, they
must pass through the hands of people (postmen) not involved in their
content. This, of course, is also untrue.
What designates something as "personal" is who it is addressed to and
from. If a communication is addressed from one individual to another
individual, or from one group of people to another group of people, then
it is personal to the parties involved.
Therefore, postal letters are considered "personal" by *intent*: by
virtue of the individuals to whom they are addressed to and from.
All internet communications are likewise addressed to and from
individuals. Because of this, they are personal. And because internet
communications are also not "broadcasting," they are therefore subject
to a general expectation of privacy and fourth amendment protection.
The only time personal records/correspondence/information become public
*despite* the sender's intent for them to remain personal (private) is
when the sender chooses a means of communicating or storing them which
*directly* causes them to be exposed to persons who are neither
physically participating in their contents nor physically involved in
their delivery or storage. This is where your analogy to radio
(broadcasting) *should* have been made. The public airwaves are only
considered public (i.e. exempt from expectations of privacy and fourth
amendment protection) because radio signals propagate omnidirectionally
and indiscriminately. They *directly* enter the receiving equipment of
all people not directly involved in their authorship, intended
readership, or delivery. The operative analogy here is shouting. Radio
broadcasting is like yelling so loud that everyone in your neighborhood
can overhear you, whether they be private residents (no expectation of
privacy) or government officials prowling for criminal activity (no
fourth amendment protection).
Unlike radio broadcasts, postage letters and internet communications are
not delivered in ways which route their contents "omnidirectionally and
indiscriminately to everyone." They are, in fact, as a matter of
efficiency, routed in ways which involve the fewest number of hops (the
fewest number of delivery people) necessary to effect their delivery.
They furthermore qualify as personal (*not* broadcast) by virtue of
being individually addressed. Finally, again, a personal communication
isn't stripped of its personal status (and therefore its forth amendment
protection) just because those involved in its delivery have the
*ability* to spy.
End result? Internet communications are protected by the forth
amendment and have a general expectation of privacy. :-)
As an aside: when I say "GENERAL expectation of privacy", I'm referring
to the fact that the fourth amendment doesn't prohibit interception by
private persons or companies. Non-governmental interception is
naturally left to extra-constitutional laws to address -- such as
statute laws. And in the majority of cases, statute law does address
private interception. For example, your telephone company is only
allowed to intercept your conversations when in the process of
maintaining its physical equipment (i.e. a technician evaluating the
quality of your line), or when carrying out business on your behalf
(i.e. operator-assisted line break-ins or conference calling). It is
illegal for your telephone company to otherwise listen to your calls --
yes, calls you make right over *their* equipment -- for any other
purposes, whether those purposes be marketing, information-gathering, or
just "for the f%*k of it." The fact that no law (yet!) exists
prohibiting ISP monitoring for non-business/maintenance reasons doesn't
however eliminate your *general* expectation of privacy, or your fourth
amendment protection. Your internet communications remain protected by
the fourth amendment by virtue of the fact that they are personally
addressed and not broadcast. And while you may have to tolerate your
ISP watching you (given the lack of laws forbidding them from doing so),
you *still* legally have a *general* expectation of privacy -- from
persons *not* directly involved in the delivery of your internet
traffic. For instance, even though your ISP can read your e-mail, *I*
can't legally crack your POP3 password and read your e-mail myself.
Anyway, that's (more than) the jist of it.
You may also wish to look into the other particulars of the fourth
amendment's meaning. For example, "reasonable" searches and seizures
are those conducted with a warrant, or *without* a warrant *if* there is
reasonable cause to believe that life or limb is in *immediate* danger.
"Reasonable cause to believe that life or limb is in *immediate* danger"
is how the government attempts to justify warrantless searching. It
claims that because lives may be endangered at any time by terrorism,
there's always an "immediate" danger that makes warrantless searching
"reasonable." But this is sophistry (corrupt logic) because, legally,
warrantless searching done for fear of immediate danger to life or limb
can only persist for the short period of time between when that danger
is initially reasonably suspected and when a judge can be summoned to
either grant or deny a warrant authorizing continued surveillance beyond
the point of his reviewing the situation itself. And *that* is why the
government uses corrupt logic to justify warrantless searching. It
knows that no judge will consider the possibility of terrorism so
"everlastingly immediate" that it justifies *warranted* mass
surveillance. So, the government simply avoids going before a judge
(who would tell the government to end their mass-surveillance) by
claiming that the fourth amendment doesn't *require* them to go before a
judge in the first place. Hogwash. Buffalo chips.
Post by Jim Beard
In point of fact, to 1925 and beyond, wiretapping not done
within someone's home was legal,
That doesn't make sense. Can you name any wires in a 1925 home that
would've been desirable to tap from *within* the home YET undesirable or
pointless to tap from *outside* the home? Makes no sense. See, in
truth, the only wires within a home that would've been desirable to tap
would have been wires which continued *outside* the home -- those whose
content was identical inside and outside. This is why the Supreme Court
reversed its earlier erroneous ruling affirming that warrantless
wiretapping outside the home was constitutional. They concluded that,
because those wires carried "personal papers" (personal correspondence
and information), *where* the wires existed was irrelevant to the
greater fact that personal correspondence and information were
themselves protected by the fourth amendment.
Post by Jim Beard
and so attested by Supreme
Court judgment. A later Supreme Court did change its mind,
thereby usurping power expressly delegated to the Congress
(creation of new law -- this was not simply a matter of
"interpretation"), but to argue that the original amendment
outlawed wiretapping is fatuous.
On the contrary. The Supreme Court does in deed possess the rightful
ability to create "law." That "law" is called Common Law. Common Law
is not an "all powerful" form of law, however. It is merely the sum of
the Supreme Court's past rulings (precedents). And because the Supreme
Court is limited in its powers to (a) interpreting (clarifying) the
meanings (and constitutionality) of Statute Laws (laws passed by
Congress), and (b) affirming or denying the constitutionality of things
that have not yet been *addressed* by any known Statute Law, Common Law
is itself therefore no more powerful than just those two things.
The Supreme Court (Common Law) cannot simply pick and choose things to
make legal or illegal (as Congress can with Statutory Law). That's what
the "unelected-leaders-are-making-laws-from-the-bench" ignoramuses
claim. But they are wrong. Common Law is nothing more than a list of
(a) [portions of] Statutory Laws which have been found unconstitutional,
(b) things unaddressed by Statute Law that have been found to be
unconstitutional, and (c) things that have been found to be legal ONLY
because no Statute Law existed to prohibit them AND because the
constitution itself did not prohibit them. (C) is what normally gets
the "unelected leaders" crowd in an uproar. They're ignorant of the
simple fact that congress can respond to (c) by passing prohibitive
Statute Law -- as long as it doesn't defy the constitution.
Common Law is a fundamental part of the basis of our system of checks
and balances. The ability of the Supreme Court to create Common Law is
designed to protect, not oppress, us. And it protects us in two
fundamental ways. The first, I described above: the Supreme Court can
end government activity that violates the constitution even if there is
no Statute Law addressing that activity to strike down. (If the Supreme
Court could not create Common Law, the government would have a "back
door" to oppressing people by simply *not* passing Statute Laws
*denying* itself oppressive powers, and which the court could overturn.)
The second way Common Law protects us is against mob rule in times of
disaster. And it relies upon the fact that Supreme Court justices are
appointed for life. Let's say you are muslim, and that tomorrow, a
group of muslims destroy more New York City skyscrapers. Let's
furthermore assume that the American public goes nuts as a result, and
demands that all muslims everywhere be rounded up and thrown into
concentration camps without trials. Well, in this example, "all
muslims" includes you, Jim. And let's say that your Congressional
representatives, because of "mob" pressure (they must satisfy the public
in order to be re-elected), and because of their own anger, decide to
authorize these round-ups and concentration camps. (And don't suggest
Congress would never bend to the mob, or to its own anger. They did
with the Japanese camps.) At this point, if the courts cannot make
Common Law, you are officially fucked. You will rot in your
concentration camp until the public has calmed down enough that Congress
isn't afraid that releasing all those prisoners will cost them the next
election. (That may take years!) On the other hand, if the Supreme
Court *is* allowed to make Common Law, then your stay in those
concentration camps will be brief, if you're even rounded up at all.
All that will be required is one level-headed person or civil rights
group challenged those camps in court, and the court overthrow the
Statute Law authorizing them citing its unconstitutionality. And out
you'd go. Why? Because judges appointed for life are the only ones who
don't face termination of their careers if they do the right thing, even
if the right thing is temporarily unpopular.
Back to the point. The Supreme Court did exactly what it was designed
to do regarding the 1925 wiretapping case you reference. It ordered a
stop to a practice that it realized was in violation of the
constitution.
It's rather frustrating how few people understand our system of checks
and balances. It is, in fact, quite fair and just. Very much like
'rock, scissor, paper.' Statute Law (Congress) can be overriden by
Common Law (the Courts). Common Law can also be made on its own, as
described. Yet in turn, Common Law (the Court) is overriden by the
Constitution. This is why higher courts (better experts on the
Constitution) can overrule lower courts, and why the highest court (the
Supreme Court) can overrule itself if it feels that its past decisions
violated the Constitution. (In overturning its previous warrantless
wiretapping decision, the Supreme Court was merely (and finally!)
recognizing the Constitution's authority over it. Its *first* decision,
where it ruled warrantless wiretapping legal *despite* the constitution,
*was* an example of the court making arbitrary law -- "Statute Law"
style.) Finally, and yet again in turn, the Constitution can be
overriden by the Congress (by amending it). Rock, scissor, paper. If
any one branch of the government goes mad, another can balance it out.
P.S. #1 - Although I proved my point regarding the difference between
private internet traffic and broadcasting, I can also further emphasize
it by pointing out that the internet itself is also technically wired to
distinguish the two. If your UNIX sig is any indication, you're aware
of broadcast IP addresses. All other traffic is therefore technically
peer-to-peer -- personal.
P.S. #2 - Even when a message IS communicated through a medium that is
indiscriminate and omnidirectional in its propagation (broadcasting), it
is still possible to legally declare it private anyway, and therefore
give it fourth amendment protection. One example of this is when a
medium considered overwhelmingly private (like the telephone network)
relies, in minority part, upon a medium that is considered public (like
the public airwaves). Telephone calls uplinked and downlinked via
satellite utilize the RF spectrum: the public airwaves. Yet that "leg"
of the telephone network, while it might otherwise be considered public,
is nonetheless granted 4th amendment protection as well as a legal
expectation of privacy because of the fact that it "really" represents a
private communications system only forced in part to use a "public" one
for technical reasons. Same with analog cellular telephones. Despite
the fact that they used "cleartext" analog FM radio for transmission
purposes -- a medium so pedestrian that virtually anyone could intercept
their transmissions, they were *still* considered part of a greater,
private network, and were afforded full privacy and 4th amendment
protection. The reason I mention this is because it's relevant to the
internet as well. Think the radio ("broadcast") links between people's
laptops and wi-fi hubs, or between people's 3G (internet-enabled)
cellular phones and their local cell towers.
Unlike what most people believe, it is not that easy to just wire tap
someone.
One of the big mob case lost was due to a wire tap executed minutes before
the
official permission by the judge..

I am a firm believe in privacy but the technicalities is killing us..
Twayne
2008-02-25 02:12:08 UTC
Permalink
If there's anything useful buried in this post, I'm sure not going to
look at it nor will I read it. Folks have to learn what "trim" means
and then use it.
Post by Raoul Watson
Post by pseudonym
Post by Jim Beard
Post by - Bob -
I'm thinking that you left the smiley face out of that. But in case
you didn't, you need to get together with GWB and go read the 4th
Amendment. And, if so, I'd make a wild guess that you need to read
the rest of the Constitution while you're there.
"The right of thew people to be secure in their persons, houses,
papers, and effects, against unreasonable searches and seizures,
shall not be violated, and no Warrants shall issue, but upon
probable cause, support by Oath or affirmation, and particularly
describing the place to be searched, and the persons or things
to be seized."
Yep. Reads just like I remember it. And nowhere does it say
that even full-take wiretapping would be an "unreasonable
search or seizure," if the wiretap were placed in a location
other than a person's home. If you broadcast your message
via radio, anyone with a receiver that can intercept it is
welcome to it, no violation of Amendment IV whatsoever.
And if you send it over a network not owned or controlled by
you, that offers no assurance of control over where your
message may go between point of origin and destination, and
that is subject to monitoring by potentially many unidentified
parties, I cannot see that you have any claim of privacy at
all. Just as with radio broadcast. Searching that which is
available to public view is not a violation of Amendment IV.
With all due respect, you are completely and utterly wrong. :-) You
simply aren't thinking the matter through. Let me attempt to
explain. If you look closely at the 4th amendment, you will see that
it
specifically guarantees American citizens the right to be secure from
persons = Your body, your mind, what's in your clothing & pockets,
etc. houses = This is the part you focused on exclusively.
papers = Personal records, correspondence, information, etc.
effects = Personal property (cars, safe deposit boxes, purses, etc.)
Perhaps it isn't superficially obvious to you, but this does in fact
establish that internet-based communications are covered by the
#1) Because internet-based communications fall under the definition
of "personal papers." "Papers" are defined as records,
correspondence, and information. Internet-based communications also
consist of records, correspondence, and information. "Personal
papers" is therefore the same as "your personal internet
communications." #2) Because the 4th amendment gives "personal
papers" protection of
their very own, as if they themselves were private containers like
our houses and safe-deposit boxes. This is proven because the
authors of the 4th amendment specifically enumerated "papers"
separately from "persons," "houses," and "effects." If "personal
papers" were only intended to be protected from the 4th amendment
WHEN kept within our "houses" and "effects" (or upon our "persons"),
then the authors would not have seen the need to add "papers" to the
list -- just as they saw no need to enumerate any of the other items
typically found within our personal "houses" and "effects" as being
among those deserving protection.
So it's beyond doubt that our personal internet communications are
protected by the fourth amendment. (And the Supreme Court has agreed
upon this countless times with respect to multiple forms of
electronic data communication, including internet-based electronic
data communication.)
That said, our personal internet communications are not stripped of
their general expectation of privacy, or of their fourth amendment
protection, just because the parties involved in their *transmission*
possess the optional physical *ability* to monitor them. If the mere
*ability* of carriers to eavesdrop on communications automatically
eliminated all *general* expectations of privacy and fourth amendment
protection, then all packages and letters you sent through the postal
system would, by the same logic, be subject to unlimited and
continuous government surveillance just because they happened to be
passing through a shipping system you didn't control or own, and
because that system was staffed by postmen possessing the potential
*ability* to open everyone's mail. That's obviously untrue.
Obviously, your postal mail is private and cannot be opened without
a warrant. The reason is because it is personal.
So let's consider what makes internet communications personal. You
argue that no internet communications are personal because all
internet communications are "broadcasting." This is incorrect. It's
incorrect because you're treating the term "broadcasting" as if
it means "any communications that CAN physically be intercepted." The
actual definition of "broadcasting" is: communications
*intended* by the sender to be received *indiscriminately*, i.e. en
masse. In other words, by calling internet communications
"broadcasts," you
are effectively arguing that postal letters are automatically
stripped of their "personal" status just because, in order to be
delivered, they must pass through the hands of people (postmen) not
involved in their content. This, of course, is also untrue.
What designates something as "personal" is who it is addressed to and
from. If a communication is addressed from one individual to another
individual, or from one group of people to another group of people,
then it is personal to the parties involved.
Therefore, postal letters are considered "personal" by *intent*: by
virtue of the individuals to whom they are addressed to and from.
All internet communications are likewise addressed to and from
individuals. Because of this, they are personal. And because
internet communications are also not "broadcasting," they are
therefore subject to a general expectation of privacy and fourth
amendment protection. The only time personal
records/correspondence/information become
public *despite* the sender's intent for them to remain personal
(private) is when the sender chooses a means of communicating or
storing them which *directly* causes them to be exposed to persons
who are neither physically participating in their contents nor
physically involved in their delivery or storage. This is where
your analogy to radio (broadcasting) *should* have been made. The
public airwaves are only considered public (i.e. exempt from
expectations of privacy and fourth amendment protection) because
radio signals propagate omnidirectionally and indiscriminately. They
*directly* enter the receiving equipment of all people not
directly involved in their authorship, intended readership, or
delivery. The operative analogy here is shouting. Radio
broadcasting is like yelling so loud that everyone in your
neighborhood can overhear you, whether they be private residents (no
expectation of privacy) or government officials prowling for
criminal activity (no fourth amendment protection). Unlike radio
broadcasts, postage letters and internet communications
are not delivered in ways which route their contents
"omnidirectionally and indiscriminately to everyone." They are, in
fact, as a matter of efficiency, routed in ways which involve the
fewest number of hops (the fewest number of delivery people)
necessary to effect their delivery. They furthermore qualify as
personal (*not* broadcast) by virtue of being individually
addressed. Finally, again, a personal communication isn't stripped
of its personal status (and therefore its forth amendment
protection) just because those involved in its delivery have the
*ability* to spy. End result? Internet communications are protected
by the forth
amendment and have a general expectation of privacy. :-)
As an aside: when I say "GENERAL expectation of privacy", I'm
referring to the fact that the fourth amendment doesn't prohibit
interception by private persons or companies. Non-governmental
interception is naturally left to extra-constitutional laws to
address -- such as statute laws. And in the majority of cases,
statute law does address private interception. For example, your
telephone company is only allowed to intercept your conversations
when in the process of maintaining its physical equipment (i.e. a
technician evaluating the quality of your line), or when carrying
out business on your behalf (i.e. operator-assisted line break-ins
or conference calling). It is illegal for your telephone company to
otherwise listen to your calls -- yes, calls you make right over
*their* equipment -- for any other purposes, whether those purposes
be marketing, information-gathering, or just "for the f%*k of it."
The fact that no law (yet!) exists prohibiting ISP monitoring for
non-business/maintenance reasons doesn't however eliminate your
*general* expectation of privacy, or your fourth amendment
protection. Your internet communications remain protected by the
fourth amendment by virtue of the fact that they are personally
addressed and not broadcast. And while you may have to tolerate
your ISP watching you (given the lack of laws forbidding them from
doing so), you *still* legally have a *general* expectation of
privacy -- from persons *not* directly involved in the delivery of
your internet traffic. For instance, even though your ISP can read
your e-mail, *I* can't legally crack your POP3 password and read
your e-mail myself. Anyway, that's (more than) the jist of it.
You may also wish to look into the other particulars of the fourth
amendment's meaning. For example, "reasonable" searches and seizures
are those conducted with a warrant, or *without* a warrant *if*
there is reasonable cause to believe that life or limb is in
*immediate* danger. "Reasonable cause to believe that life or limb
is in *immediate* danger" is how the government attempts to justify
warrantless searching. It claims that because lives may be
endangered at any time by terrorism, there's always an "immediate"
danger that makes warrantless searching "reasonable." But this is
sophistry (corrupt logic) because, legally, warrantless searching
done for fear of immediate danger to life or limb can only persist
for the short period of time between when that danger is initially
reasonably suspected and when a judge can be summoned to either
grant or deny a warrant authorizing continued surveillance beyond
the point of his reviewing the situation itself. And *that* is why
the government uses corrupt logic to justify warrantless searching.
It knows that no judge will consider the possibility of terrorism so
"everlastingly immediate" that it justifies *warranted* mass
surveillance. So, the government simply avoids going before a judge
(who would tell the government to end their mass-surveillance) by
claiming that the fourth amendment doesn't *require* them to go
before a judge in the first place. Hogwash. Buffalo chips.
Post by Jim Beard
In point of fact, to 1925 and beyond, wiretapping not done
within someone's home was legal,
That doesn't make sense. Can you name any wires in a 1925 home that
would've been desirable to tap from *within* the home YET
undesirable or pointless to tap from *outside* the home? Makes no
sense. See, in truth, the only wires within a home that would've
been desirable to tap would have been wires which continued
*outside* the home -- those whose content was identical inside and
outside. This is why the Supreme Court reversed its earlier
erroneous ruling affirming that warrantless wiretapping outside the
home was constitutional. They concluded that, because those wires
carried "personal papers" (personal correspondence and information),
*where* the wires existed was irrelevant to the greater fact that
personal correspondence and information were themselves protected by
the fourth amendment.
Post by Jim Beard
and so attested by Supreme
Court judgment. A later Supreme Court did change its mind,
thereby usurping power expressly delegated to the Congress
(creation of new law -- this was not simply a matter of
"interpretation"), but to argue that the original amendment
outlawed wiretapping is fatuous.
On the contrary. The Supreme Court does in deed possess the rightful
ability to create "law." That "law" is called Common Law. Common
Law is not an "all powerful" form of law, however. It is merely the
sum of the Supreme Court's past rulings (precedents). And because
the Supreme Court is limited in its powers to (a) interpreting
(clarifying) the meanings (and constitutionality) of Statute Laws
(laws passed by Congress), and (b) affirming or denying the
constitutionality of things that have not yet been *addressed* by
any known Statute Law, Common Law is itself therefore no more
powerful than just those two things. The Supreme Court (Common Law)
cannot simply pick and choose things
to make legal or illegal (as Congress can with Statutory Law). That's
what the "unelected-leaders-are-making-laws-from-the-bench"
ignoramuses claim. But they are wrong. Common Law is nothing more
than a list of (a) [portions of] Statutory Laws which have been
found unconstitutional, (b) things unaddressed by Statute Law that
have been found to be unconstitutional, and (c) things that have
been found to be legal ONLY because no Statute Law existed to
prohibit them AND because the constitution itself did not prohibit
them. (C) is what normally gets the "unelected leaders" crowd in an
uproar. They're ignorant of the simple fact that congress can
respond to (c) by passing prohibitive Statute Law -- as long as it
doesn't defy the constitution. Common Law is a fundamental part of
the basis of our system of checks
and balances. The ability of the Supreme Court to create Common Law
is designed to protect, not oppress, us. And it protects us in two
fundamental ways. The first, I described above: the Supreme Court
can end government activity that violates the constitution even if
there is no Statute Law addressing that activity to strike down. (If
the Supreme Court could not create Common Law, the government
would have a "back door" to oppressing people by simply *not*
passing Statute Laws *denying* itself oppressive powers, and which
the court could overturn.) The second way Common Law protects us is
against mob rule in times of
disaster. And it relies upon the fact that Supreme Court justices
are appointed for life. Let's say you are muslim, and that
tomorrow, a group of muslims destroy more New York City skyscrapers.
Let's furthermore assume that the American public goes nuts as a
result, and demands that all muslims everywhere be rounded up and
thrown into concentration camps without trials. Well, in this
example, "all muslims" includes you, Jim. And let's say that your
Congressional representatives, because of "mob" pressure (they must
satisfy the public in order to be re-elected), and because of their
own anger, decide to authorize these round-ups and concentration
camps. (And don't suggest Congress would never bend to the mob, or
to its own anger. They did with the Japanese camps.) At this
point, if the courts cannot make Common Law, you are officially
fucked. You will rot in your concentration camp until the public
has calmed down enough that Congress isn't afraid that releasing all
those prisoners will cost them the next election. (That may take
years!) On the other hand, if the Supreme Court *is* allowed to
make Common Law, then your stay in those concentration camps will be
brief, if you're even rounded up at all. All that will be required
is one level-headed person or civil rights group challenged those
camps in court, and the court overthrow the Statute Law authorizing
them citing its unconstitutionality. And out you'd go. Why? Because
judges appointed for life are the only ones who don't face
termination of their careers if they do the right thing, even if the
right thing is temporarily unpopular. Back to the point. The Supreme
Court did exactly what it was
designed to do regarding the 1925 wiretapping case you reference. It
ordered a stop to a practice that it realized was in violation of
the constitution.
It's rather frustrating how few people understand our system of
checks and balances. It is, in fact, quite fair and just. Very
much like 'rock, scissor, paper.' Statute Law (Congress) can be
overriden by Common Law (the Courts). Common Law can also be made
on its own, as described. Yet in turn, Common Law (the Court) is
overriden by the Constitution. This is why higher courts (better
experts on the Constitution) can overrule lower courts, and why the
highest court (the Supreme Court) can overrule itself if it feels
that its past decisions violated the Constitution. (In overturning
its previous warrantless wiretapping decision, the Supreme Court was
merely (and finally!) recognizing the Constitution's authority over
it. Its *first* decision, where it ruled warrantless wiretapping
legal *despite* the constitution, *was* an example of the court
making arbitrary law -- "Statute Law" style.) Finally, and yet
again in turn, the Constitution can be overriden by the Congress (by
amending it). Rock, scissor, paper. If any one branch of the
government goes mad, another can balance it out. P.S. #1 - Although I
proved my point regarding the difference between
private internet traffic and broadcasting, I can also further
emphasize it by pointing out that the internet itself is also
technically wired to distinguish the two. If your UNIX sig is any
indication, you're aware of broadcast IP addresses. All other
traffic is therefore technically peer-to-peer -- personal.
P.S. #2 - Even when a message IS communicated through a medium that
is indiscriminate and omnidirectional in its propagation
(broadcasting), it is still possible to legally declare it private
anyway, and therefore give it fourth amendment protection. One
example of this is when a medium considered overwhelmingly private
(like the telephone network) relies, in minority part, upon a medium
that is considered public (like the public airwaves). Telephone
the public airwaves. Yet that "leg" of the telephone network, while
it might otherwise be considered public, is nonetheless granted 4th
amendment protection as well as a legal expectation of privacy
because of the fact that it "really" represents a private
communications system only forced in part to use a "public" one for
technical reasons. Same with analog cellular telephones. Despite
the fact that they used "cleartext" analog FM radio for transmission
purposes -- a medium so pedestrian that virtually anyone could
intercept their transmissions, they were *still* considered part of
a greater, private network, and were afforded full privacy and 4th
amendment protection. The reason I mention this is because it's
relevant to the internet as well. Think the radio ("broadcast")
links between people's laptops and wi-fi hubs, or between people's
3G (internet-enabled) cellular phones and their local cell towers.
Unlike what most people believe, it is not that easy to just wire tap
someone.
One of the big mob case lost was due to a wire tap executed minutes
before the
official permission by the judge..
I am a firm believe in privacy but the technicalities is killing us..
Raoul Watson
2008-02-25 02:21:55 UTC
Permalink
If there's anything useful buried in this post, I'm sure not going to look
at it nor will I read it. Folks have to learn what "trim" means and then
use it.
Trimmed enough for you?

Another useless public service announcement
brought to you by Twayne..
Patrick Phillips
2008-02-11 03:05:09 UTC
Permalink
Post by Raoul Watson
An ISP provide transport mechanism, nothing more and nothing less.
What people use the transport or the tools, it's up to them.
Unrelated to content filtering or RIAA, but the above is exactly what
the Telco's, CableCo's, and ISP's are afraid of...."becoming a dumb
pipe" there is no money in that. :-)
--
Patrick in IL.
Geoff
2008-02-11 04:20:46 UTC
Permalink
On Mon, 11 Feb 2008 03:05:09 GMT, Patrick Phillips
Post by Patrick Phillips
Post by Raoul Watson
An ISP provide transport mechanism, nothing more and nothing less.
What people use the transport or the tools, it's up to them.
Unrelated to content filtering or RIAA, but the above is exactly what
the Telco's, CableCo's, and ISP's are afraid of...."becoming a dumb
pipe" there is no money in that. :-)
Actually, it's more that they want content providers to pay for
preferential delivery and users to pay to be content-controlled by
traffic shaping and DNS controls. There's plenty of money in that. :)
Patrick Phillips
2008-02-11 07:50:40 UTC
Permalink
Post by Geoff
Actually, it's more that they want content providers to pay for
preferential delivery and users to pay to be content-controlled by
traffic shaping and DNS controls. There's plenty of money in that. :)
Yes, want us and content providers to pay twice!
--
Patrick in IL.
Geoff
2008-02-11 15:40:47 UTC
Permalink
On Mon, 11 Feb 2008 07:50:40 GMT, Patrick Phillips
Post by Patrick Phillips
Post by Geoff
Actually, it's more that they want content providers to pay for
preferential delivery and users to pay to be content-controlled by
traffic shaping and DNS controls. There's plenty of money in that. :)
Yes, want us and content providers to pay twice!
Isn't that the way the middleman makes his money? ;)
Patrick Phillips
2008-02-11 17:26:27 UTC
Permalink
Post by Geoff
Post by Patrick Phillips
Post by Geoff
Actually, it's more that they want content providers to pay for
preferential delivery and users to pay to be content-controlled by
traffic shaping and DNS controls. There's plenty of money in that. :)
Yes, want us and content providers to pay twice!
Isn't that the way the middleman makes his money? ;)
Yea...<LOL>
--
Patrick in IL.
Twayne
2008-02-11 19:47:45 UTC
Permalink
Post by Raoul Watson
Post by - Bob -
http://www.techspot.com/news/28903-verizon-rejects-hollywoods-call-to-aid-piracy-fight.html
I really don't understand why anyone would want an ISP to get
involved with content filtering..
An ISP provide transport mechanism, nothing more and nothing less.
What people use the transport or the tools, it's up to them.
Holding verizon responsible for copyright issues is like
holding PeterPan responsible for interstate drug trafficking or
holding Verizon responsible because a mobster picked up
a phone and put a hit on someone..
Or a bartender serving a drunk patron another drink? Logic has never
been our gumming critters' strong point. Of course, neither has
intelligence or caring for that matter.
Raoul Watson
2008-02-14 10:06:48 UTC
Permalink
Post by Raoul Watson
Post by - Bob -
http://www.techspot.com/news/28903-verizon-rejects-hollywoods-call-to-aid-piracy-fight.html
I really don't understand why anyone would want an ISP to get
involved with content filtering..
An ISP provide transport mechanism, nothing more and nothing less.
What people use the transport or the tools, it's up to them.
Holding verizon responsible for copyright issues is like
holding PeterPan responsible for interstate drug trafficking or
holding Verizon responsible because a mobster picked up
a phone and put a hit on someone..
Or a bartender serving a drunk patron another drink? Logic has never been
our gumming critters' strong point. Of course, neither has intelligence
or caring for that matter.
One has to learn logic first before using analogies..
Your analogy of a bartender would require verizon to have
personal knowledge of each individual customer's activity --
such as a bartender visibly observed a drunk patron.
Twayne
2008-02-14 18:36:24 UTC
Permalink
Post by Raoul Watson
Post by Twayne
Post by Raoul Watson
Post by - Bob -
http://www.techspot.com/news/28903-verizon-rejects-hollywoods-call-to-aid-piracy-fight.html
I really don't understand why anyone would want an ISP to get
involved with content filtering..
An ISP provide transport mechanism, nothing more and nothing less.
What people use the transport or the tools, it's up to them.
Holding verizon responsible for copyright issues is like
holding PeterPan responsible for interstate drug trafficking or
holding Verizon responsible because a mobster picked up
a phone and put a hit on someone..
Or a bartender serving a drunk patron another drink? Logic has
never been our gumming critters' strong point. Of course, neither
has intelligence or caring for that matter.
One has to learn logic first before using analogies..
Your analogy of a bartender would require verizon to have
personal knowledge of each individual customer's activity --
such as a bartender visibly observed a drunk patron.
No, one needs to learn to read (reading comprehension) before allowing
knee to jerk.
--
--
Perfection isn't achievable, but
it's sure a worthy pursuit.
Raoul Watson
2008-02-15 02:28:45 UTC
Permalink
Post by Twayne
Post by Raoul Watson
Post by Twayne
Post by Raoul Watson
Post by - Bob -
http://www.techspot.com/news/28903-verizon-rejects-hollywoods-call-to-aid-piracy-fight.html
I really don't understand why anyone would want an ISP to get
involved with content filtering..
An ISP provide transport mechanism, nothing more and nothing less.
What people use the transport or the tools, it's up to them.
Holding verizon responsible for copyright issues is like
holding PeterPan responsible for interstate drug trafficking or
holding Verizon responsible because a mobster picked up
a phone and put a hit on someone..
Or a bartender serving a drunk patron another drink? Logic has
never been our gumming critters' strong point. Of course, neither
has intelligence or caring for that matter.
One has to learn logic first before using analogies..
Your analogy of a bartender would require verizon to have
personal knowledge of each individual customer's activity --
such as a bartender visibly observed a drunk patron.
No, one needs to learn to read (reading comprehension) before allowing
knee to jerk.
Alright who got the stick?
Mike.. you want to take this one?
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