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0 pointsmindcrime13y ago0 comments

In theory, that's why we have the notion of "probable cause" and warrants, etc. But what we have instead, is a "rubber stamp" mechanism from a secret court which - essentially - is completely free from an accountability to the American people.

Given that, I don't really care so much what the NSA tries to do... I now realize that the real answer is promotion, advocacy and education around technological tools to evade their snooping (assuming, for the sake of argument, that they can't break strong crypto). My goal going forward is to dive into helping promote the use of, and education regarding, Tor, I2P, PGP, and their ilk. Part of that is going to mean educating myself to a considerable degree as well, as I've admittedly been too cavalier about this stuff in the past.

0 pointsmindcrime13y ago0 comments

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6 comments · 1 top-level

tptacek13y ago· 5 in thread

All federal courts are (basically) free from public accountability. That is literally one of the objectives of the design of the Judicial Branch; complain to the founding fathers.

mindcrimeOP13y ago

It's not quite the same thing though. Yes, judges are appointed for life, and can't (usually) be removed from office, etc. But with the "regular" federal court system, at least we know who the judges are, who appointed them, and we can see / read / review the actual decisions and what-not. To me, that's a pretty marked difference from the FISA courts.

Nonetheless, I do agree with your basic point. When I get my hands on a TARDIS, I'll be sure to let Thomas Jefferson know how I feel about all this! :-)

tptacek13y ago

FISA judges are US District Court judges. We don't know exactly which ones they are (for no good reason, I agree) but they aren't, as I understand it, random party functionaries.

(Crazy that anyone would have modded you down; did my part to try to fix).

adestefan13y ago

We do know who appointed them. They are 11 federal judges who are appointed to 7 year terms by the Chief Justice of the Supreme Court. At least 3 must live within 20 miles of Washington, DC, they can only serve one term, and none can be sitting on the Court of Review.

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baddox13y ago

I disagree. I think the incentives of all branches of government are very similar, and I do think this is a flaw in the design of the United States government. However, I don't think the founding fathers could have done any better, because I believe this is an inherent flaw with any government.

tptacek13y ago

The people don't vote for federal judges, who have lifetime tenure. Federal judges are thus insulated both from popular opinion and, to some extent, from politics. That's all I meant.

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