While I understand that this is largely because the legality of the spying hinges on whether US citizens are subject to it, I still find it a rather fascinating aspect.
While I understand that this is largely because the legality of the spying hinges on whether US citizens are subject to it, I still find it a rather fascinating aspect.
We bought their cell phones, their operating systems and productivity suites, their internet adds, hosting and email services and movies and music. We even let some of their largest corporations get away without paying taxes on the money they made in our countries.
We may not be citizens of their country but we are allies, not terrorists. When it comes to the bad things groups of people, such as governments, do to individuals, whether it's killing, torture, imprisonment with or without trial, surveillance or any other of the misdeeds that seems to have returned from the dark ages we deserve the same protection as American citizens.
Despite the actions and statements of our government, most of us Americans feel the same way. (It's just that the shitty entitled xenophobes are just so damn loud sometimes...)
You'll note that in our declaration of independence, it states that the rights to life and liberty are the inalienable birthright of every man, endowed by his creator, before it says fuck-all about anyone's government.
To be fair, folks in the US bought a LOT of European cell phones first. :)
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No, we're vassals. The USA orders and we obey, whether it's supporting their military machine or handing over information, people, research, or economical advantages. It's a hegemony.
>the misdeeds that seems to have returned from the dark ages
You've been fed propaganda. The crimes have always been there. The USA has always supported tyranny, cruelty, and crimes against humanity if it served its best interests (like every other country, I might add.)
>we deserve the same protection as American citizens
If the government wants someone naked, chained, and tortured in some foreign place, it'll happen. No matter who it is. True? Maybe not (yet), but it's telling enough that it sounds plausible, no?
Even if this is not stated in any treaties, it's simply the practice.
The Parties agree that an armed attack against one or more of them in Europe or North America shall be considered an attack against them all and consequently they agree that, if such an armed attack occurs, each of them, in exercise of the right of individual or collective self-defence recognised by Article 51 of the Charter of the United Nations, will assist the Party or Parties so attacked by taking forthwith, individually and in concert with the other Parties, such action as it deems necessary, including the use of armed force, to restore and maintain the security of the North Atlantic area.
Any such armed attack and all measures taken as a result thereof shall immediately be reported to the Security Council. Such measures shall be terminated when the Security Council has taken the measures necessary to restore and maintain international peace and security.
Every country has different rights for citizens and non-citizens.
For example, the US has held the 4th amendment does not apply to non-citizens who are not "part of the national community" (IE if a bunch of canadians came down and fished every weekend, you could search them however without violating the 4th amendment. If they lived here illegally, you couldn't).
It's not just the US of course, almost all countries are like this (the EU has broader protections for EU citizens than random other people, like US citizens living in the EU).
I don't remember all the details, and i certainly agree with "morally reprehensible", but you are suggesting a "natural rights" based approach, which, while common, but not universal.
Could you please provide a reference for this?
From the headnote:
"The Fourth Amendment phrase "the people" seems to be a term of art used in select parts of the Constitution, and contrasts with the words "person" and "accused" used in Articles of the Fifth and Sixth Amendments regulating criminal procedures. This suggests that "the people" refers to a class of persons who are part of a national community or who have otherwise developed sufficient connection with this country to be considered part of that community."
From the Wikipedia article about the case you cited [1]: "...Fourth Amendment protections do not apply to searches and seizures by United States agents of property owned by a nonresident alien in a foreign country. [emphasis mine]"
[1] http://en.wikipedia.org/wiki/United_States_v._Verdugo-Urquid...
This is how the case has been interpreted by every court to follow it. See US v. Guitterez, 983 F.Supp. 905 for a fourth amendment example from the 9th circuit.
Here is another from the fifth circuit: UNITED STATES OF AMERICA v. ARMANDO PORTILLO-MUNOZ (i don't have cite handy)
"Portillo relies on Verdugo-Urquidez and argues that he has sufficient connections with the United States to be included in this definition of "the people," but neither this court nor the Supreme Court has held that the Fourth Amendment extends to a native and citizen of another nation who entered and remained in the United States illegally"
There are something like 2000+ cites to Verdugo, and and the general viewpoint of courts so far is as i said it is.
If you've got a court of appeals or SCOTUS cite to the contrary, where a court has held that they do apply, i'd love to see it.
http://www.volokh.com/2011/06/13/the-constitutional-rights-o...
Various lower court decisions have fleshed out what constitutes "substantial connections".
As a British citizen I have a right to not be tortured by the government (under A.3 HRA1998), and a right to NHS healthcare. The former (a negative right) is one the government should afford to the whole world. The latter (a positive right) is not.
The reason that foreigners want to have their contracts adjudicated in US courts, one of the main reasons they buy US real estate or buy US Treasuries and trade the NYSE for much lower expected returns than they would demand elsewhere, is that they have faith in the rule of law in the US. Not perfect faith, but real faith. Not faith in the moderation and good intentions of the US (or CA, NY or MD) government (though they have some of that too) but faith that their US interests are protected in law by things like the Takings Clause of the US constitution - and usually by statute law as well - even while they go on living outside the US as non-citizens of the US. Nor is this something that matters only to foreigners: this trust from foreigners is one of the major pillars of the US' wealth and power. Look at places like the PRC or the UAE http://en.wikipedia.org/wiki/DIFC_Courts which are avidly trying to cultivate an image as a place where your real estate won't be swiped and your court case won't be nobbled to favour a crony.
Now, slowly but steadily, these non-resident aliens (like me) are cottoning on to what FISA 702 means for them. And what it seems to mean is that the rule of law doesn't apply to their Facebook or Google accounts the instant the Federal government chooses to get involved. As a non-lawyer reading FISA 702 http://www.govtrack.us/congress/bills/110/hr6304/text the remarkable thing is that it's not establishing a process where the US government presents a vague counter-terrorism or national-security rationale to a secretive, questionably-independent court. It seems to be a process where the US government can help itself to anything it wants from any specified non-resident alien without even having to state any motivation at all, and in which the FISC court's only role is to confirm that the targets (probably!) aren't US citizens or residents. Does the government feel like doing a spot of industrial espionage on your company's email or file uploads? Sam's your uncle. There aren't any reasons even in principle why the FISC might refuse to issue the FISA order - and the government is spared even the embarrassment of having to state its intentions in court. Your internet company could appeal, but the whole process seems to work on the basis that as a non-resident alien you'll have no applicable Fourth Amendment rights, and 702 seems to clear aside any rights you might have under statutory law ("Notwithstanding any other provision of law"). And in any case what information about the Federal government's interest in you would Google or Facebook have to base an argument on? And once it has your data the US seems to be free to do nearly anything it wants with it - share it with your US competitors? Why not? - unless it tries to take the data to court. (See sec. 106 http://www.gpo.gov/fdsys/pkg/STATUTE-92/pdf/STATUTE-92-Pg178... )
Now it's true that CIA could (and maybe does) attempt to hack the EADS servers in (I'm guessing) Toulouse in search of engineering goodies to share with Boeing, with just as much impunity under US law. But at least EADS has a chance to try and secure its systems from hacking attempts, instead of being instantly defeated the moment the US decides to file some paperwork, and it can get whatever benefit it can from the fact that the industrial espionage would be illegal under French law. So FISA 702 seems to completely reverse the normal position: in legal terms your person and your property are usually better protected from the US government inside the US than outside it. And of course the final touch is that you'll probably never get to hear about any of the intrusions, so even if you're the world's richest person or organisation with all the best lawyers they won't be doing you any good. It seems that the only legal restraint on the US' behaviour with the online data of non-resident aliens is that it can't request a wide-ranging search like "everyone in Pakistan who searched for 'X'", though even that may not be the case: https://news.ycombinator.com/item?id=5845878 .
(Again IANAL. If someone qualified can correct important errors in my understanding of FISA I will be very grateful!)
So, imagine that the US Congress passed a law permitting the Federal government to expropriate any US property for almost any purpose from any non-resident alien at any time, for no particular reason, without compensation or even notice. Throw in some very effective judicial secrecy into the process established by law as well. Provide some unverifiable assurances that the Federal government will probably only choose to use the law against very bad people. Imagine that this law appeared to be holding up nicely against Congressional and legal challenge, at least for now. And please bear in mind that no non-resident alien would give a hot damn about which intriguing Constitutional arguments were being used to (rightly or wongly) deny them the protection of the Fifth Amendment. How would Wall Street, US real estate and the broad US economy be affected? It's not a perfect analogy at all, but it gives you some idea of what may be coming down the line for US internet companies.
The rights are inherent in the nature of the situation (i.e., humans living in a social order based on equality of individuals under the law). The scope of the protection of those rights varies from jurisdiction to jurisdiction (and vanishes entirely where jurisprudence is slave to political demagoguery).
The fourth Amendment isn't the source of the right, it guarantees that the right won't be abridged by government action. As the Constitution is defined by and for the people of the United States, that the protections "guaranteed" (in quotes because the guarantee has to be maintained by vigilance) don't extend to those who are not the people of the United States isn't logically surprising, but can remain somewhat disappointing (politically and ethically).
This is, as I said, an interesting claim.
I'll point out the irony that the freedoms everyone considers so important didn't even make it in the original document, only the addendum :)
They may be deemed "natural rights" by the nature of mankind living in what I will term "just" societies (where jurisprudence and justice coincide), but they are not "natural" in their springing forth from the natural sciences of physics, chemistry and biology.
There were a number of people involved in the Constitution of the US of A who did not want to enumerate the rights, knowing that they were not the government's to give and receive. The pragmatic reality of the day was a yield to legal codification, since most knew that a government not explicitly bound, was bound to implicitly violate those rights. The escape clauses were (probably, I'll let others debate that) the 9th and 10th amendments.
While true, there is this bit in the Declaration of Independence about inalienable human rights. Unfortunately that doesn't seem to be a legal document anymore.
Does free speech extend to advocating going out and killing all African Americans at a white supremacist rally? In the US it does, but only because of our bad experiences during the Red Scares. In Canada or the EU it wouldn't. What right do either side have to force their definitions on the other?
This being said, the argument can easily be made that spying is somewhat different. The general fear is that since governments monopolize violence their actions towards spying on their own must be more restrained than spying on others because the dangers in adopting a "show me the man and I will find you the crime" apply at home to a much greater degree than they apply abroad.
That belief is cultural too - it just so happens that almost every culture has independently arrived at it http://en.wikipedia.org/wiki/Golden_Rule is a fascinating read.
It goes the other way in not so great ways also that we tend to project those things we do not like about ourselves onto our enemies.
If someone accuses everyone else of being a thief, expect that the accuser is the one responsible, but the person who respects everyone is probably respectable himself.
Prepare to be jumped on by "anti-imperialists".
Almost nobody in the US, perhaps, but this whole mess isn't doing the US any favours at all with the international community, certainly not here in Europe.
I'd say there's a fair chance the cavalier attitude towards the rights of non-citizens so overtly displayed by leading US politicians and security people over the past few days could ultimately swing the entire public debate in a way the US administration really doesn't want it to go. Those statements get broadcast on TV internationally, too, and everyone in the room cringes when they hear them.
I'm not saying america is perfect, but if we scale back our navy for example, there is going to have to be a lot of slack for other countries to pick up. And that means costs rising and more taxes for others. As well as the chance of increased conflict.
The world isn't so cut and dry as you make it out to be.
How would you even start measuring the cost/benefit ratio? What monetary value do you assign to things like privacy? How do you know where you're moving things to doesn't have a "better hidden" equivalent to what the US is doing? Do you even know if it would be worth moving things? What is the opportunity cost to moving? What is the cost if you're wrong?
As much as I'd love to agree with the pathos response to these things, its better to see and wait than to kneejerk react to things.
FWIW, I certainly wouldn't go that far. However, I would prefer to see the administration of the US promoting more equal partnerships with other nations, rather than arrogantly presuming that they are somehow automatically qualified to lead the world in every field of human endeavour or that they should for some reason be exempt from normal standards of decent behaviour that they expect everyone else to follow.
This is a revelation for most people, especially younger people, and they're dealing with the immediate, personal, consequences.
As with the embarrassment created by the second Bush administration, whereby we squandered a great deal of global goodwill after 9/11, we've done a stellar job of undoing the redemption we thought we had gained by electing Obama in 2008.
Many Americans really thought we could be less embarrassed of our leadership with that decision.
The story is still unfolding. Our government will be measured by how it acts out the next few months and how it responds to the inevitable criticism from the rest of the world. As Americans, we will be measured by how we respond to our government.
No discussion about non US citizens. It was just assumed that drone striking them was OK. Made me really feel weird as an European.
When the Founding Fathers eventually drew up a Bill Of Rights for the new nation, most of them wrote things that explicitly suggest that they felt the rights being granted were universal -- in particular, Benjamin Franklin was vehement on the subject, arguing that the Bill Of Rights extended to everyone, including the blacks who were being held in slavery (and when Congress met for the first time in 1789, Franklin pushed a bill to abolish all slavery).
The NSA at least was supposedly run as a very tight ship (I have no idea now, i have no friends who have worked there recently), so I'm sure they theoretically have really detailed redaction and other procedures meant to keep personal or private info of americans from appearing in reports, but that is not exactly comforting.
- if they aren't targeting specific persons, how do they know what country the person is from & if they (the govt) are violating the law?
- if I'm American living in another country, am I safer from or more likely to be tracked (terrorism aside) Am I being picked up "freely" as someone from outside the country?
- many, many, many similar questions I'm sure you are also asking
I realize these seem rather naive questions, but my first thought on reading Obama's response was, "How can you possibly know what country the person is a citizen of?"
Considering that that was a major part of his defense - "Don't worry, it's only those foreign people we're looking at"- I really think that needs to be a bigger part of the whole discussion.
I think it is quite obviously more bullshit.
At one point, with watchwords/etc, it was clearly the latter. I think they've moved to the former.
Doesn't seem like there's any way to abuse this .....
I think you were just trolling but if not then one of hundreds possible ways to find that:
1. get a hold of your your email (or name and then facebook / gmail snoop)
2. your email leads to your paypal account
3. your paypal account leads to your dob and ssn, bank accounts
4. your banks accounts hold information whether you are citizen or not;
- OR -
4. your ssn codification tells whether by the time obtaining the number you were citizen or not
PayPal, Facebook and Palantr has the same co-owner, P. Thiel.
But seriously I don't think they discriminate. Last thing they look at is whether you are citizen or not. Your IPs (all the one you ever used while login to any website you have an account with) can quickly tell them whether you are on US soil or not. Most likely as long as you are here, you are consider us citizen, whether lawfully or not but you "operate" on US soil so the same rules apply to you. Good example would be if you are in US as a tourist -- you still need to obey US laws and regulations.
Google knows a lot about someone, but they have no idea what citizenship I hold. They can guess, of course, but that isn't a lawful way to discriminate.
According to the whistleblower, they don't in any meaningful sense. They collect all the data they can, and then currently only use bits of it, when they feel that is justified. His point about checking the US president's email in the video was that all they need is one email from a foreigner in order to tie anyone in the US to an investigation, and look through all their records.
A 51% confidence that your target is not American when looking at a service where 15% of the users are American, or one where only 29% of the users of the users are Americans is a meaningless standard. Now the only hope right now is that companies push back but the question is how much given that they were not willing to push back enough to break silence.
I remember a story that on 9/11 orders were issued to shoot down any aircraft left in the sky and that fighter pilots refused to carry out the order. How would things be different if it was 8 specially trained anti-terrorist folks commanding largely autonomous drones?
Machine intelligence keeps getting better, so it won't be long before we have entirely autonomous drones that just need general instructions to do their job. At that point..
The democratization of weaponry is what caused the end of feudal society, concentrating it might will cause its rebirth.
For a fictional take on this, see Kill Decision by Daniel Suarez.
I am not sure it will get that far though. More likely it will expand until the economic stress from an oversized national security budget and rising energy prices will force it to collapse with global consequences. For the record, no, I do not think those consequences will be pleasant for anyone :-P
As an American I would far rather be spied upon by the Chinese or the British than the American Government. I would further expect that if a British individual was concerned about the same thing, the NSA would be far less threatening than British intelligence.
The whole, "I have nothing to fear" point of view. It's the bigger picture they need to think about :(
If the government is willing to spy directly on the people it should be serving, then it starts to feel like it's out of control.
When the US spies on US citizens, who do we have to turn to?
It should be of no surprise then, that citizens of other countries have no ability to protect themselves from over-reaching laws and actions by the US government.