Law is enforced via power. When it meets a greater power then the law is contravened.
Look at the US and how it broke international law to force a plane down that it thought had Snowden.
Why do you think it wouldn't be dishonest if I were quite "rich and powerful"?
No, colluding with the GRU to create false documents interfering with the US Presidential election, resulting in the disaster that was Trump's election can not, in any sense, be called 'good'.
Even if he had collaborated would it matter? what it proves is that you can not do OSINT and be "independant/neutral". bellingcat and all other self-proclaimed citizen journalists know it too. the message here is "if you stand up against the US and hang out in a FVEY country you're dead".
collaborating with enemies of US (no matter if DPRK, Iran or whoever) would be justified considering the nature of the material which was exposed. but doing so without thinking about his location and safety is the most "I can fix society because I'm a hacker" thing I've ever seen. it is a small crime though in comparison to the shit the US has gotten away and still does so until today. e.g. Gitmo and black sites are still operating, drones still kill civilians, their war on terror will go unpunished, people are still being brainwashed into believing "US army good", the CIA is still executing people overseas the same way as the FSB, while they shout "terror" or talk a big game about "law and justice" their crimes can't be held accountable in the ICC: pot. kettle. black.
>colluding with the GRU to create false documents
[Citation Needed]This is a very irrational mindset and we'd have no great minds of history because they were immature at a young age.
People constantly grow, learn, and improve themselves. They also make mistakes or act emotionally.
I feel like we've entered a social media era where only the flawless and speaking within socially acceptable Overton window are given a chance.
https://en.wikipedia.org/wiki/Overton_window
This is the death of radical aka experimental thought.
It has nothing to do with flawless. Nobody is flawless. Even if they were, half the things people are now being condemned for aren't even rooted in fact.
You can't attack someone like Assange for revealing official misconduct. That's against the rules, and unsympathetic. But you can attack him for <something else>. The something else is irrelevant. It's only the proffered reason for the attack, not the real one.
That would be a valid defense of Assange -- if the asshattery had come after the persecution. But from all I've read about him, it was the other way around. He has always been a humongous asshat.
Stopped reading there.
Seems we benefit from them no?
The US government was hacking Google by tapping cables between its data centers with direct access to Google accounts. The US government was paying tech companies for data on their customers. The US government had Verizon turn over phone records on millions of their customers daily. The US government used other countries spy agencies to spy on US citizens.
In terms of your broader point, something about restricting the authority of a law-giving entity via the law seems paradoxical. An example of this paradox is the fact that it's difficult to have standing to sue the government over an illegal spying program that is classified.
The best we seem to be able to do is the future-government holding the past-government accountable.
Let me know how that works out for you, k? I can assure you that although state power ultimately comes from the people, the state most definitely will enforce its laws against you, should you break them. That is, unless you're rich and powerful enough to afford the best lawyers and a handful of legislators.
If there's a busy road where people are routinely speeding, the state is actually incapable of pulling every single speeder over and ticketing them. Instead, the state relies on setting reasonable speed limits and scaring drivers with the prospect of fines.
This isn't a personal philosophy as much as it is a statement of truth: it's really expensive to enforce laws.
a) technology exists where you can just record license plates and send speeding tickets automatically - which is a nice prallel for mass surveilance tech - it makes large scale enforcement much cheaper
b) you don't really need to enforce on everyone, a high deterrant + random enforcement creates strong incentives against doing something (ie. making examples)
This makes no difference because nobody wants to play Russian roulette with regards to risking whether the state will come after them.
Indeed, the state’s power comes from this threat of force application.
It chooses not to.
Sometimes it does, which provides an interesting case study that proves slibhb's point -- "A law that is followed only as long as it is enforced is not much of a law and is unlikely to last."
One example is a portion of interstate near the St. Louis airport that runs through St. Ann, MO. (right next to Ferguson, MO), which resulted in changes to state law [1].
Many other munis in that region -- most notably Ferguson -- went far beyond strips of interstate and handed out fines as abundantly as possible, enforcing every law with an iron fist. And then the whole area exploded into chaos, reverberating out of the local community and, over a period of years, boiled over in dozens of communities.
You can rule with an iron fist. Until you can't.
[1] https://www.huffpost.com/entry/st-louis-county-municipal-cou...
“And how we burned in the camps later, thinking: What would things have been like if every Security operative, when he went out at night to make an arrest, had been uncertain whether he would return alive and had to say good-bye to his family? Or if, during periods of mass arrests, as for example in Leningrad, when they arrested a quarter of the entire city, people had not simply sat there in their lairs, paling with terror at every bang of the downstairs door and at every step on the staircase, but had understood they had nothing left to lose and had boldly set up in the downstairs hall an ambush of half a dozen people with axes, hammers, pokers, or whatever else was at hand?... The Organs would very quickly have suffered a shortage of officers and transport and, notwithstanding all of Stalin's thirst, the cursed machine would have ground to a halt! If...if...We didn't love freedom enough. And even more – we had no awareness of the real situation.... We purely and simply deserved everything that happened afterward.” ― A.I. Solzhenitsyn
One of the main reasons the war on drugs failed is a lack of voluntary submission. Pure enforcement, even with the progressive strengthing of enforcement powers, was simply unable to stop drugs being widely available in the USA.
Our society runs on trust and voluntary submission to the rule of law. If either of those went away in a signifant fashion, the our legal system and society in general would cease to function in it's current form.
> “The Nixon campaign in 1968, and the Nixon White House after that, had two enemies: the antiwar left and black people,” former Nixon domestic policy chief John Ehrlichman told Harper’s writer Dan Baum for the April cover story published Tuesday.
> “You understand what I’m saying? We knew we couldn’t make it illegal to be either against the war or black, but by getting the public to associate the hippies with marijuana and blacks with heroin. And then criminalizing both heavily, we could disrupt those communities,” Ehrlichman said. “We could arrest their leaders. raid their homes, break up their meetings, and vilify them night after night on the evening news. Did we know we were lying about the drugs? Of course we did.”
https://www.cnn.com/2016/03/23/politics/john-ehrlichman-rich...
From that perspective, the drug war makes perfect sense, and was a spectacular success, not in terms of submission, but in terms of control.
You don't think Nixon could have disliked blacks, hippies, and drugs, and just found a convenient way to tie them all together while at the same time being able to say "think of the children?" Nixon was many things, but dumb and politically naive are not among them.
Additionally I don't find the subsequent argument compelling. 'Sure Nixon hated hippies and blacks, but it wasn't an effective policy until workshopped by subsequent presidents, so targetting those groups couldn't have been the point" doesn't really hold a lot of weight for me.
On top of all of that, corroborating quotes seem to keep being removed from that wikipage, with an edit note that doesn't match the edit, pointing to brigading.
"voluntary submission" sounds like people that walk around claiming to be a sovereign citizen thereby exempt from "laws". i always find it funny that the ones screaming this the loudest are usually in the midst of some sort of legal troubles.
Power is itself largely a product of voluntary submission, which radiates out. When some people voluntarily submit to the putative leadership, including in its request to back up the leaders orders with force when necessary, to report violations, etc., it increases the inclination of other people of others to submit without force being directly applied, and so on.
What argument?
> I agree that power flows from consensus.
That’s...not what I said, really.
> When it doesn't, we're talking about coercion, force, and violence, not power
“Power”, at least in the social sense, is the ability to get people to act as you wish; idealized moral or rational persuasion is one mechanism of that, the direct application or imminent threat of violence is a mechanism, and there’s a whole spectrum in between. But a leader’s ability, in practice, to apply power (by any mechanism) over a population is largely due to the successful use of power to influence a group of agents to act on behalf of the leader, and their application of power to others, etc. We might talk as if the state is a real concrete thing, but its really just an abstraction of the penumbra of indirect power emanating outward from the leadership.
These are not commensurate statements. If submission is voluntary, you aren't "getting people" to do anything...they're doing it voluntarily. Anyway, from what you write, it's clear you don't believe that anything is voluntary.
> Idealized moral or rational persuasion is one mechanism of that, the direct application or imminent threat of violence is a mechanism, and there’s a whole spectrum in between. But a leader’s ability, in practice, to apply power (by any mechanism) over a population is largely due to the successful use of power to influence a group of agents to act on behalf of the leader, and their application of power to others, etc. We might talk as if the state is a real concrete thing, but its really just an abstraction of the penumbra of indirect power emanating outward from the leadership.
Power is the possession of a group of people rooted in their ability to act in concert (i.e. their voluntary submission or assent to something). "Persuasion," moral or immoral, rational or irrational, doesn't come into it. And power is never the possession of a leader or a party or anything like that. You mistake power for authority, coercive force, and violence.
For you, all political categories run together in a category you call "power". This view does not acknowledge the fact that people can voluntarily choose to act together. Everything for you is about "persuasion," "threat of violence," "influence," and so on. As I said, you don't believe that anything is voluntary. This is a political philosophy that cannot make meaningful distinctions between political things.
This isn't true, look at for example the nineteenth amendment (men giving up power).
That wasn’t giving up power, it was trying to regain power by no longer claiming power through the abstraction of law that there was insufficient support to practically exercise and which claiming, as a result, merely diminished the general power of the State, because it reinforced in the public eye the gulf between law and power, reducing willingness to defer t9 the former in general.
It's the same with presidents, kings, and dictators. If people just stopped doing what they said, they become nothing.
There's an incident in Soviet history where Stalin was sure they were coming to arrest and execute him. He was shaking and completely powerless. But they were just coming to affirm his power.
The Arab Spring came about because people stopped following orders.
When Nixon was on his way out, the military decided to not follow his orders (so I've read).
The US will end when people just decide Constitution Shmonstitution.
Gun control is neither here nor there for me personally, but what greatly concerns me is if the Bill of Rights is ignored wrt the 2nd Amendment, then what about the rest of the Bill of Rights? Is that next?
Indeed we just had a bit of a lesson in the recent past which showed exactly how dependent our country is (and probably most other countries as well) on shared values and tradition. The Constitution isn't all-powerful as a piece of paper, its real power is as an idea.
If people in the US really want to grab back power to the citizens of this country it can be done (peacefully even). All it really takes is a large enough consensus of voters to upend all the garbage we're being subjected to. The issue is that the consensus is more difficult to reach due to the scale of the US voter population combined with tactics like gerrymandering and overall difficulty of orchestrating movements to support ideals most people seem to support (which isn't oppressing a minority unless we classify power and wealth hungry individuals as a protected minority which we currently seem to do).
Reaching consensus amongst citizens is far far more difficult these days, giving an edge to those already sitting in positions of concentrated power with fewer players, lending itself more likely to reach a consensus. It doesn't help that those in power actively try and divide the general voter population and set us against one another making it even more difficult to reach a consensus.
Also, people _have_ been in the streets in the US last year, a lot...
> the right of the people to keep and bear Arms
I don't understand how you could read that and interpret it as a right for anything other than the people?
The Legalists believed that if you had good laws then the rest would take care of itself. They "advocated government by a system of laws that rigidly prescribed punishments and rewards for specific behaviours. They stressed the direction of all human activity toward the goal of increasing the power of the ruler and the state."[2]
But the Confucians, particularly Mencius, pointed out that good men would create the good laws; while bad men would corrupt good laws. The laws were important for the ordering of society but insufficient. i.e. : "The sage-kings of antiquity are a model, but one cannot simply adopt their customs and institutions and expect to govern effectively (4A1). Instead, one must emulate the sage-kings both in terms of outer structures (good laws, wise policies, correct rituals) and in terms of inner motivations (placing ren and yi first). Like Confucius, Mencius places an enormous amount of confidence in the capacity of the ordinary person to respond to an extraordinary ruler, so as to put the world in order." [3]
To borrow from the Confucians; the Constitution is a product of good men and good laws to help protect goodness and order in society, but without good men to continue to have a living embodiment of the principles, it is still just a law that can be corrupted or ignored.
A beautiful quote from Etienne that you reminded me of is this, where he advocates to simply stop supporting tyrants: "Resolve to serve no more, and you are at once freed. I do not ask that you place hands upon the tyrant to topple him over, but simply that you support him no longer; then you will behold him, like a great Colossus whose pedestal has been pulled away, fall of his own weight and break in pieces."
Tyrants only have power because people choose to follow.
[1] https://en.wikisource.org/wiki/Discourse_on_Voluntary_Servit...
[2] https://www.britannica.com/topic/Legalism#:~:text=The%20Lega....
They are two different things in the eyes of the judiciary.
The military can get away with surveillance under the mandate of defending the United States from all threats, foreign and domestic.
The product of that surveillance, however, is not permissible as far as I know in a court of law unless it's specifically UCMJ.
Not a lawyer though. If one is around willing to enlighten us on this odd question, it'd be much obliged.
The main use of surveillance is, always and everywhere, extortion. We see this daily among local, state, and federal police, abusing it to coerce the public to become informants; among prosecutors to coerce false admissions of guilt; and among spooks to convert formerly free individuals to "assets", and to enforce silence about abuses. It is used to coerce judges to issue unjust orders and decisions, to coerce witnesses to remain silent, and to coerce elected officials to vote against the interest of their constituents, or even to step down from an elected position or not to seek re-election. It is used to coerce awarding contracts or custom to undeserving suppliers, or to coerce lower prices in services sold.
Coercion need not be based on surveillance of the person coerced; it can come from surveillance of parents, siblings, offspring, friends, business partners, customers, service providers.
However, there is a long history of interpreting 'people' to mean specific groups - from only white people to only citizens.
No, it talks about "the people." As in the preamble: "We the People of the United States."
> However, there is a long history of interpreting 'people' to mean specific groups - from only white people to only citizens.
Playing with the interpretation of "people" has never been a mechanism for excluding people from constitutional protection. For example, the 3/5ths clause states as follows:
> Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons
It refers to enslaved people as "persons." The Fugitive Slave clause likewise refers to a "person held to service or labour."
The preamble is discussing who is creating the constitution and why. It does not say it only applies to certain individuals. I don't see how you can use that to argue that the government is free to infringe upon the rights of noncitizens.
The Constitution makes it clear that these rights are universal by saying that the government may not make laws that infringe upon them. They aren't granting rights, they are declaring which rights they must abide by. And with that, the use of "the people" in the part about free assembly should rely more on the context there then the preamble, where it clearly means "the people assembling" not "the citizens assembling."
Further on your "persons" point, the relevant Fourth Amendment makes it clear the terms are interchangeable.
>The right of the people to be secure in their persons...
also, foreign governments in general spy with non-cover agents not to undermine our (US) government secretly, but to get an edge for their own power and prestige. undermining activities usually happen either with government agents for high secrecy operations (like stuxnet) or relatively openly if obscurely (disinformation/propaganda campaigns).
the long-running encroachment against our liberties has been largely due to fundamental misgivings/misunderstandings like 'everyone is out to get us'. those are the same impulses that led us to performative responses to a pandemic rather than relatively minimal but targeted federal action (e.g., honest information dissemination and financial support for r&d and the at-risk/marginalized).
The DoD tracks large scale threats to our nation. When the economy is rigged, then the establishment worries about the citizen base turning on the establishment.
Congress corruption (via lobbyiests) happens by:
a) Wall Street rigged economy HF front-running trades,
b) Wall Street is rigged
c) 2008 Mortgage crisis theft
d) Pharma is rigged
e) Medical costs are out of control. Every price fixes are killed by lobbyists): Hillary, Obama cost controls, etc.
DoD doesn't do surveillance due to lobbying. They do it because they view a potential risk in citizen uprising due to the rigged economy. DoD and Davos attendees share a worry about a risk from the citizen base.
The constitution only grants or limits power of various branches of government, it doesn't prescribe punishments for breaking the rules. That's a job of Congress (or courts, for civil cases).
The argument is probably pretty simple. These companies will sell your data to anyone for the right price, why would a government agency be any different. It's probably not a search or seizure, just a purchase between parties that don't even include any specific member of the public.
First congress needs to make all this data selling and trading illegal, then we'll see how the government goes about obtaining it and weather that's legal or not. But too many lobbyists represent companies that make a ton of money on it, and of course these agencies would prefer to just purchase the data "legally", so I'm not terribly optimistic.
https://en.wikipedia.org/wiki/Worcester_v._Georgia
The constitution and Supreme Court do not consider Blacks humans or citizens:
can be applied to US constitution as additional laws needed not for those who WANT to uphold the US constitution but those who want to violate it.
Most of you probably already saw a Michigan-congress rep submit a bill to violate the US constitution by trying to force twitter posters to register with Michigan to post facts because he wanted to prevent others from outing him in the form of fact checking.
The saying goes the other way: "Locks are for honest people", implying that criminals aren't deterred by locks, and will just break a window if they want to get in.
What makes you think that they will respect new laws?
- More than 120 retired generals and admirals wrote to Biden appearing to back a false election conspiracy and questioning his mental health - https://www.businessinsider.com/former-generals-admirals-let...
- An open letter by former officers calling the president a “Marxist” dictator is a greater threat to U.S. democracy than the ouster of Liz Cheney. - https://foreignpolicy.com/2021/05/12/joe-biden-military-revo...
- Over 120 retired generals and admirals signed on to a letter falsely claiming the 2020 election was stolen in a move other veterans say erodes democratic norms. - https://sofrep.com/news/retired-officers-question-2020-elect...
30 Brigadiers, 16 Lietenant Generals, 42 Major Generals.
In any other normal country, at this stage people will call a military putsch brewing an inevitability.
The statutory limit on US army general staff is 241, and most of those guys are quite recent retirees.
Countries had putsches with much lesser portion of generals mutinying, and some times made without general staff involvement as such. In fact there are almost as much succesful putches on record by majors, and colonels, than generals.