Can please someone explain the concept of a 'classified interpretation' [of law] to me like I'm 5? I know the concept exists, but I don't really understand how it can be in any way justified in any country that's even pretending to be a democracy?
Can please someone explain the concept of a 'classified interpretation' [of law] to me like I'm 5? I know the concept exists, but I don't really understand how it can be in any way justified in any country that's even pretending to be a democracy?
It's not justified and it can never be. Keeping information secret is only justified if releasing it would put a person in serious danger or compromise a police/military operation. And even then it must be balanced against the public interest in transparency, strictly time limited and narrow scoped (no blacking out whole documents).
I don't see how releasing an interpretation of a law could ever compromise law enforcement. Or actually I know how, it's because it would prove the way they do mass surveillance is illegal.
The problem is modern America doesn't see it that way. Any time the government does something evil they just say it's for "national security" and no one questions them. It's like a Winter Soldier password that makes courts go blank and say yes to anything.
I feel the role of the Press is to root out these stories and publish them.
To me the defining moment of the Press abdicating their job was when the NYTs reported the second gulf war. This was the end of me reading it. The Sunday times was staple reading growing up.
https://newrepublic.com/article/146481/new-york-times-bury-s...
https://fair.org/home/20-years-later-nyt-still-cant-face-its...
Press increasingly started abdicating their job when journalism was no longer financially independent of the people and institutions it is supposed to scrutinize.
> Keeping information secret is only justified if releasing it would put a person in serious danger or compromise a police/military operation.
Sure, but the obvious pro-government response is “revealing that the government is doing bad things reflects badly on the government and damages its reputation at home and abroad.”
Which is true, of course!
> “revealing that the government is doing bad things reflects badly on the government and damages its reputation at home and abroad.”
This is -incidentally- how the ancient English "state secrets privilege" got introduced into US law.
In the 1940's, godawful maintenance resulted in the crash of a bomber over US soil and the death of all three of the civilians on board the plane. The widows of the dead civilians sued the government and demanded the accident report. The government refused to provide the report, claiming the privilege because "national security", and courts all the way up to the Supreme Court agreed.
In the early 2000s, the accident report was declassified. Inspection revealed that the only real reason to refuse to release it was to both prevent government embarrassment and to avoid having to pay out -IIRC- nearly a quarter million in 1940's USD to the widows.
Given its enormous potential for unchecked abuse, along with the fact that the first ever invocation of it was abusive, courts should refuse to permit its use.
There is also a genuine case for National security in that - during the Second World War - releasing that information would (IMO) let the enemy know what maintenance was being held back, in bombers.
That war ended at some point.
Absolutely - but another war quickly replaced it (actually several did)
WRT to this instance - I would likely argue that 50 years should have been more than enough time keeping the embargo
Wars quickly replace one another, how unfortunate!
Or we have just independently rediscovered why most regimes seek the justification of some external threats to strengthen their power over their population, 1984 style.
The planes in question would have been obsolete by that point, also those planes from WW2 would have already been widely distributed among allied (including Soviet) countries
This seems fairly obvious, clearly vast amounts of possible wrongdoing, once exposed, could genuinely damage reputation abroad to some degree.
So how did such a law ever survive scrutiny?
It seems like a blanket ban on exposure of nearly all possible wrongdoing.
> It seems like a blanket ban on exposure of nearly all possible wrongdoing.
And a proportional increase in power goes with that ban on exposing wrongdoing. Which is absolutely the goal of secrecy in government.
Once you have secret courts and secret warrants, secret interpretation of the law seems like a natural, if not necessary, progression.
This is basically it.
Imagine, for example, a case is about someone disclosing the location of nuclear arms to their spouse. Maybe even accidentally. If they are brought up on charges about this, national security doesn't want the fact that a case is about nuclear weapons to be public information. They further don't want it disclosed who was told about them (as the spouse wouldn't be subject to charges). That's basically where a secret interpretation and ruling would ultimately enter. The courts can't disclose what the ruling was nor what the case was even fully about.
> Imagine, for example, a case is about someone disclosing the location of nuclear arms to their spouse.
The location of most US nuclear weapons are public. Moreover, if you suspect that the location of some you intend to be secret may have been compromised then the obvious sensible response is "move them" rather than "keep even the legal theory of the case a secret forever".
This is why the primary ones whose location is intended to be a secret are on submarines -- submarines are easy to move around.
Why can't they? They can redact names of individuals in a case like that. "Oh some person who was married to some other person who works for some agency knows where nukes might be". That's not a risk.
They could even redact larger portions of the case and still release the interpretation in some form.
Because it's very hard to stop accidental or incidental information leaks. For an opinion to be rendered, generally they also attach the case facts which lead to that ruling. Heavy redaction means it becomes almost impossible to use that ruling as precedent but also runs a real risk of exposing state secrets. For example, which judge made the ruling? Well if you get that you can start pulling information about the days the judge was active and a short list of the people the judge was hearing cases for.
All it takes is 1 accidental redaction or someone who did something silly like using a black highlighter on a PDF and now where the nukes are stored is public information.
There's also simply information that can be gleaned just based on the location that the hearing is taking place. This came from x court in x district, well then it's likely a nuclear silo is roughly in that county or surrounding counties.
These courts don't have public lists of who was being tried.
The specific location of the court, and even identity if the judge, can be redacted. We don't have to use the case as precedent.
Sounds like if one desperately wants some sort of excuse, this can be shoehorned to anything and everything. Exactly what 3 letter agencies would say to keep doing whatever nasty dirty unlawful and unconstitutional things they are doing on whims of current set of people in power.
Its still pretty lame and shows vast incompetence on all levels. Maybe I am a bit naive but correct solution is to tackle underlying problems, not just give up because thats what you basically suggest.
A federal court tried to conceal the identity of a judge who has been reprimanded.
Claude was able to work out who it was in less than 10min based on stringing together facts that remained and seemed irrelevant. Journalists uncovered the identity independently using different means. (The ability of Claude to do this was not revealed until the other journalists had gone public and confirmed the identity.)
This example requires a secret ruling but not a secret interpretation of the law.
I am the first generation out of a dictatorship, the belief some folks have in their democratic processes always amazes, there is no law when secret courts and secret warrants are a thing.
Yet for some strange reason folks think secret agencies are bound by the same laws as regular police officers.
It is called "the dual state" [0]
At least in nazi Germany, the state was explicitly designed like that. Most people should never come into contact with the prerogative state and spend their lives in the normative state, as capitalism doesn't work well in a prerogative state. You need to believe that punishment doesn't come arbitrarily in order to follow the rules.
But of course, things are very different in the prerogative state, where actions have unclear consequences.
https://en.wikipedia.org/wiki/The_Dual_State
From warrantless wiretapping to extra judicial renditions, the US government has been a rogue state for sometime. Now they just have low-grade criminals and racists running the show, buddied up with media owners, O&G and the mic.
Yeah but they are only targeting bad people, so it's OK.
Everything you ever do will go in a data center. Forever.
Bluffdale.
privacy is a luxury only afforded to the most deserving who clearly are worthy of digital god hood , toil in the mines prole and watch your tongue
Yeah but I don’t use my real name online. /s
I can get the idea that for some cases it can be in the public's interest if specific court hearings are closed, or if it's secret that certain court hearings or entire cases even exist. There is a lot of potential of abuse (and a documented history of abuse), but at least the idea makes sense
But I can't see a public benefit to keeping the principles such a court uses secret
Why would you assume there needs to be a public benefit?
It’s a pretty obvious outcome. Attorney-client privilege applies to the executive branch of the government as much as it applies to anyone else, and not just in national security matters.
There are whole laws that are classified and cannot be discussed in open court. Ignorance of the law is no defense when you are charged with violating a law and that’s still true in the USA even if the law is classified and you are not authorized to know what it says.
Check out Gilmore v Gonzales for an example: https://en.wikipedia.org/wiki/Gilmore_v._Gonzales
Is there more to this than the Wikipedia article says?
While it does say:
> Gilmore also complained about being subject to "secret law", when the airlines and government refused to show the directive under which they were requesting ID.
nowhere does the article say the courts commented on the complaint, let alone ruled on it.
Nor does the article say anything about "Ignorance of the law is no defense when you are charged with violating a law". The reason given was instead:
> there was no constitutional violation because air passengers could still travel without identification if they instead underwent the more stringent "secondary screening" search.
I'm not saying your wrong, just that the article you offered as evidence doesn't go as far as your claims.
The Wikipedia article is poor, but I cannot not edit it as I attended parts of the trial and in fact discussed the suit with john before he filed it so by Wikipedia’s rules I can’t edit it. Anyway a lawyer would be a better person.
John’s appeal is online. Section [10] of the decision discussion describes being subject to a law he cannot have access to. The judge saw it but could not discuss it in court, with the plaintiff (John Gilmore) or even his lawyer. Also the orders (law) are agreed by the court to be arbitrary, changing day by day and being arbitrarily different between airports. But since the Airport personnel knew them tht was good enough for the court.
And though the discussion mentioned that he could take a bus or walk, the conclusion, [21], said that his rights were not violated at all, both the bus precedent and the legality of being subject to unknown law. The brief Wikipedia page mentions only the former, though the latter was the primary factor of the complaint.
Airlines can refuse to carry people whose name starts with a vowel, if they want to. That's a principle of free business.
Depends on the business. You cannot have a bar or restaurant behaving like that with some racist/xenophobic/whatever shit like that, you would get your license revoked rather quickly.
Not sure if airliners are regulated like that, but 'free business' is not anarchy by any means, unlike you suggest.
Really what it is is they had a lawyer say, "We can justify massive spying on citizens via [long long list of arguments and precedents]", the security apparatus would like to keep the veneer of legality that provides and knows if what they were doing was known there would be massive backlash and the law would be changed to make it more clearly illegal so they keep that interpretation secret. Basically going on the logic that they don't have to tell Congress or the Courts how they screwed up the 4th Amendment and it's not their job to fix it.
Likely these cases are part of the FISA court members appointed by Chief Justice currently John Roberts.
The chief justice also appoints the court FISA appeals go to.
https://en.wikipedia.org/wiki/Chief_Justice_of_the_United_St...
No one is giving the real answer to this question which is that these laws touch on the legality of capabilities the US does not want to acknowledge it has, and so it won't. Secret information in the US is like glitter - if you touch it, it spreads to you too.
It's not just "here's this law about spying in the abstract," which can be talked about in the open; it's "we're using the MIND READER 5000 under Title XVII powers delegated by the President to the Mind Reading Organization to conduct mind reading on persons X, Y, and Z." The legal briefings and rulings on the facts will by necessity reveal the nature of the technology or technique in question, and so, they are classified. If I recall correctly it was a big deal for the ACLU to get a lawyer a security clearance so they could interact with these courts, but I could be misremembering.
The real problem here is that if someone files a claim against the government and the government wants to keep the facts of the case a secret, you still need the case to have an outcome, and then you have two options.
The first is that you assume whatever is being kept a secret is something that doesn't favor the government, and then the government loses the case by default. This is the more reasonable option, because it mitigates the perverse incentive for the government to declare something a secret whenever it makes them look bad. But it has the obvious problem that then the government would lose some cases it should have won if the information could be published.
The second is that you assume whatever is being kept a secret is something that favors the government, and then the government wins the case by default. But that doesn't solve the problem -- you then have members of the public losing cases they should have won if the information could be published. And doing this makes the perverse incentive worse.
So why do we accept the second one instead of the first one?
Oftentimes the government drops the case. When people get convicted for things they did on Tor, and don't settle, the government often drops the case so they don't have to reveal how they got information about activities on Tor.
When Germany, which doesn't play by the same rules, got DiDW and then Boystown, that was quite revealing on how authorities can break Tor.
That's when the government is the one bringing the case to begin with. The issue is, if the government e.g. kills your spouse, why should the perpetrators get off scott free because the perpetrators want to keep something a secret?
Imagine the public tried to do that. Sorry, IRS/DoJ, the defendant is refusing warrants and subpoenas because it's a secret and without that you can't prosecute them.
You’re government agency, and you ask your lawyers about how the law operates given a particular set of circumstances.
In response, the lawyers provide you with advice about how they think the law applies to this situation, and what findings they think a court would make given the evidence etc available.
Information subject to attorney-client privilege (as this information would be) is exempt from release under FOIA anyway. Dropping a security classification on top adds protections against unauthorised release by insiders.
Sometimes there are good reasons for this, such as to protect particular technical capabilities that are easily circumvented if adversaries know that they exist, or to protect human sources who might end up dead if found out. Other times, there are no good reasons to do this but without knowing all the circumstances it’s impossible to tell either way.
Read it as classified misinterpretation of laws, so that they can do illegal things and claim this loophole when caught.
Usa has constitution and its government more or less side steps it in many things. Might as well have no constitution. Usa is a jungle for practical intends and purposes compared to europe or any functional democracy. This is the problem with allowing interpretation of law rather than taking law as it is written. Someone somewhere can interpret it in completely twisted way and throw away the spirit of the law.
A good faith answer to the question; classification hinges on damage done to the United States if it is released. So for example, a law might constraint or enforce the usage of a capability against an enemy, and this, of course would hang on some sort of spectrum also probably defined in law or in an agency interpretation. The agency interpretation is also probably classified and so as you start applying that spectrum, you enter gray areas and niches, and extremes, and so you have to ask a lawyer to disambiguate. And so this lawyer's interpretation is now the fulcrum on which employment of classified US capabilities is based. So therefore, teleologically this lawyer's interpretation has to be classified because it all goes back to whether public knowledge of this capability will damage the United States interest. if you know what the lawyer's interpretation is then you know the spectrum if you know the spectrum then you know the capability then you can damage the United States.
The clear answer is that wrongdoing also needs to be ‘too big to fail’. Small, low impact shit will get you targeted.
Something so heinous it would make who-shot-Kennedy a forgotten footnote? Everyone is going to cover that up.
Kid, to keep you safe I need to keep a secret. Mommy loves you, go back to sleep!
Not what you’re asking for, but see https://en.wikipedia.org/wiki/Secret_law#Secret_law_in_the_U....
different countries have different platforms or mechanisms where interpretations of law are discussed, in Belgium for example there are "rondzendbrieven" by which say judges discuss how to collectively misinterpret the law.
from a US perspective, isn't this diametrically opposed to the concept of "void for vagueness"? : the moment the interpretation of ostensibly non-vague law is under discussion by professionals is the moment said law is invalidated.
Any government side stepping law by interpreting law in any different manner than how it is written is breaking that law. In my opinion laws should not be interpreted at all and parliament should make any bug fixes rather than allowing courts or administration to interpret laws in any other way other than how its written down in the law.
> laws should not be interpreted at all
I get why that may reflexively seem right but such a blanket proscription would go off the rails and lead to unintended consequences you definitely don't want. It's simply not possible to write a law both specific enough yet broad enough to cover all cases. You or I can read a plainly worded law and think "There's no way this can be misconstrued, gamed or subverted" and, sadly, we'd be wrong.
> parliament should make any bug fixes rather than allowing courts or administration to interpret laws in any other way other than how its written down in the law.
It's certainly possible to theory-craft completely new and different governance, legal and justice systems from scratch which have different sets of constraints and trade-offs, but then it's a long conversation and unrelated to the existing U.S. system. If we limit ourselves to starting from what the existing U.S. system is and proposing modifications which are actually both constitutionally and logistically possible, then forcing all interpretation and clarification to be passed by congress would require monthly revisions, immediately breaking an already dysfunctional congressional system.
I think it's worth mentioning that in the U.S. system, judges interpreting application of laws passed by elected representatives is a feature not a bug. The U.S. system was designed to be adaptive and self-gating, so each of the three branches of the government have built-in checks and balances on the other two. Setting aside current politics, on a long time-horizon like the last ~50 years, I think the U.S. justice system, as imperfect as it is, is actually serving its designed purpose far better than the other two.
Usa is a common law based system where court judgements also serve as precedent rulings. It is more or less regarded as law even though its not passed by parliament/legislature.
There is another system, civil law based systems where law is passed by parliament and doesn't depend on any court precedents or court interpretation.
Might as well have just courts and call it as adaptive system instead of acknowledging that is isn't a good enough system. Europe has done better in this regard. Checks and balances hardly works in usa. Plenty of news on subverting various constitutional guarantees is example that it failed to work.
Proper democracy needs properly functioning non-lazy legislature. Making vague laws and calling it a day and leaving it for judges and lawyers to interpret based on whichever way the wind is blowing isn't democracy.
Legislature can also work 40 hours a week. Things can be more functional rather than dysfunctional. Active democracy and direct democracy where people can veto laws if necessary, in case representatives collude to pass draconian laws, would be the best kind of democracy. Only that can prevent erosion of rights.
All laws are interpreted.
You wrote "All laws are interpreted". If I put an asterisk on "interpreted" that can change the meaning you actually intended. Laws should not be interpreted. People need to learn how to properly use words with its actual meaning and write laws that are non-ambigous. Its not hard or impossible to write proper law in simple and easy to understand way. Feel free to interpret any law with its original meaning of the word and sentence structure. If it leaves room for interpretation, it is a vague law and not a good law.
I guess when you have secret courts, it's something that starts to make sense.
I still can't understand how a government can work with some courts where everything is secret. That's something almost literally lifted out of The Process, but the Kafka book is an allegory for a kind of madness, not something that works.
Basically any time a corrupt regime is hiding something it's either bad or embarrassing--usually both.
> I don't really understand how it can be in any way justified in any country that's even pretending to be a democracy?
You're not misunderstanding. It really is against everything most Americans think their government is allowed to do. To your question, the 'classified' part is what you think it is: secret. 'Interpretation' is the tricky part.
Unfortunately, laws and regulations aren't exactly clear and over time situations change so one important role of the court system is interpreting how, when and whether the words in a law apply in a specific context. Courts at different levels do this all the time as cases with unique situations arise. Sometimes it's as simple as deciding if a horse counts as a vehicle in a state law which says "no vehicles on this type of road." Assuming that ruling survives appeals without being overturned, the judge will have justified the basis and, hopefully, some clear reasoning for why a horse does or doesn't count as a vehicle. That judge's ruling then becomes part of the "precedent" (aka 'body of case law') attached to that law. In effect, such precedents become part of the law since they can clarify if and how the law applies in certain situations.
So whether some action is or isn't against a law can't solely be determined by just reading the law. You have to do some interpretation, which includes looking up any relevant precedents and weighing them. A single prior ruling from one local municipal court has low weight. The main job of the Supreme Court is resolving conflicting precedents set by lower courts, so a SCOTUS ruling has a lot of weight and multiple SCOTUS rulings over time, each successively refining and narrowing (or occasionally reversing) their prior interpretations, carries maximum weight. All of this happens in the open and, in the long run, I think SCOTUS manages to eventually get most things, if not perfect, pretty close to right.
Hence, the answer to "Is this legal" can be a bit tricky when the law is new or there aren't decades of court precedents. So lawyers have to do research and assess how a court would probably rule on a given situation. That's called "a formal legal opinion" and it's provided in writing, usually including research and justifications, like references to existing case law, as well as legal reasoning supporting the opinion. Anyone can hire a lawyer to research and assess if X action violates Y law (but if you get sued for relying on the lawyer's opinion, they won't be on the hook - you will). It's called an opinion because that's really all it is.
When a govt agency wants to know if they're allowed to do X under Y law, they ask the justice dept to assess and provide a formal opinion just like any company might ask their corporate counsel to. This is often routine but can be very consequential. Where this can go horribly wrong is when these govt lawyer opinions are classified top secret. For example, we all know torturing prisoners is against U.S. law, so in the 2000s the military and CIA asked the Bush Justice Dept to provide a secret legal opinion on whether certain 'enhanced interrogation' techniques met the legal definition of torture. And they got what they wanted, a written legal opinion that waterboarding isn't torture. The Obama Justice Dept issued a secret legal opinion that droning a teenaged American citizen in Somalia, who posed no exigent threat (but had the wrong Dad), did not meet the legal definition of murder. After it happened and was no longer secret, Senator Rand Paul was the only politician willing to stand on the floor of the senate and say killing a U.S. citizen without any legal due process was first degree murder authorized by a sitting U.S. President. While it's true his Dad was sort-of a terrorist (the real terrorists were happy to use him for propaganda but being an American, they never really trusted him). The dad was arguably an enemy combatant and maybe you could make a case he was an "exigent threat", but the kid wasn't and didn't. Reasonable people can differ on acceptable levels of 'collateral damage' (aka killing foreign innocents) but U.S. law is clear, non-combatant American citizens who aren't a clear and immediate threat are a hard, bright line. They get a judge and jury, not a drone.
Senator Ron Wyden is on the Senate intelligence committee, so he gets oversight on what intelligence agencies are doing and sees the secret legal opinions they're relying on. And he's saying the U.S. govt is relying on a secret legal opinion to do something in secret which is obviously, very, VERY wrong - but he's forbidden from telling us what it is because they made it top secret. For context, Ron Wyden has been a Senator and on the intelligence committee for a while and is pretty much a straight-shooter, not known for hyperbole or politically-motivated grandstanding. He'll call out his own party when he feels they're seriously wrong and he gets no benefit from making a big deal over this. His own party isn't supporting him and wishes he'd shut up about it. Yet for the last six months he's been signaling "DANGER, DANGER" in interviews, speeches and in writing over and over again - so I'm going to assume whatever it is is way beyond the Snowden revelations and probably in the neighborhood of the worst things we can possibly imagine.
The perverse thing is that the pretense for keeping it secret is to prevent 'foreign adversary governments' from knowing what it is, but it's clearly about domestic spying on U.S. citizens - and Russia and China probably already know exactly what it is (and are like, "Hmph amateurs, we've been doing that to our citizens years").
Usa is functioning in a way that is not how it is supposed to function in a democracy. There should not be anything hidden from any elected representatives as long as they are a citizen.
Civil law based systems are a more sane alternative to common law based system that relies on precedents. Law should be discussed in legislature and legislature must oversee and fix the law appropriately rather than make vague laws and leaving it to judges or others for interpretation. Due to not relying on precedents, the law is also easy to understand and apply and follow and enforce in civil law based systems. Cases also takes less time overall compared to common law based justice system.
Elected representatives are the authors or developers of law. Everyone else is users of law. Users cannot be allowed to change interpretation of law as anything other than how it is written.
Law made for horses and then vehicles got invented and law needs more clarity? Ask legislature to discuss and add new law for vehicles or modify existing law to also handle vehicles.
Absolutely fantastic comment (sorry, I know it's not the done thing here to say so).
> The perverse thing is that the pretense for keeping it secret is to prevent 'foreign adversary governments' from knowing what it is, but it's clearly about domestic spying on U.S. citizens - and Russia and China probably already know exactly what it is
I think you're trying to hard to dismiss the justification here. There are certainly techniques for monitoring communications that use justifiably classified technologies that were probably developed to monitor communications of adversaries.
Imagine the use of which is helping keep American spies in Iran safe and the knowledge of the technique could help Iran identify those people. That's a perfectly reasonable classification of the technique.
What makes the interpretation of the law secret is that it mentions this hypothetical technology.
Imagine they have the technology to hear speech through walls passively using your WiFi signal. That technology is classified and they have the legal opinion that this doesn't violate the fourth amendment.
Wyden being concerned about whatever this is isn't surprising really but he's always on the extreme end of these interpretations, which I usually agree with, but judges typically don't agree with him.
I think it's probably generous to say the legal justification they are using has just as much chance of being legal as illegal. It would be nice to know what it was though because it can probably be defeated.
> There are certainly techniques for monitoring communications that use justifiably classified technologies
Wyden and others who are privy to what this is have made clear this is NOT about means or methods. This isn't about how the spying is done, it's about whether it's legal for the NSA to ever spy on U.S. citizens by ANY means. Existing law is very clear, it's absolutely not ever okay - no exceptions. It's completely irrelevant whether they're steaming open envelopes to read your junk mail or using a secret orbital mind-reading satellite to read your deepest private thoughts.
Experts like lawyers from the ACLU think it's something like a legal opinion which re-interprets the "absolute, no bulk spying on U.S. citizens ever" rule by claiming "it's not 'spying' if the govt pays a third-party commercial data collection service to give them the data voluntarily." That opens a backdoor for the govt to now back-link metadata and build one composite profile that includes all the private info the federal, state and local govt has ever had on you since birth (tax, employment, DMV, voting, school, govt assistance, Medicare, social security, etc) with everything any bank, credit card, or store knows about you, with every phone call, text, email and cell phone location ping you've had since 2014, with every bit of behavioral data Google, Facebook, LinkedIn, etc have about you.
To be clear, this is not "with probable cause they could get a warrant from a judge to send a supoena to each of those providers." This is something more like "they already have all that data in one searchable database but without this new secret legal opinion, as soon as it was clear the person was a U.S. citizen they could NOT look at it.
Now they can sit in a chair, and with just your phone number, email address, license plate or a facial ID match from a traffic camera to your driver's license, passport, Facebook profile or TSA airport photo, then instantly search for every single person you've communicated with in the past 3 years and every person they've communicated with and have an AI examine all that data from all those people and have a full 600 page report available in 15 seconds containing 7 million unique pieces of private data from 17,000 people that's instantly searchable - every email, every text, every purchase, every license plate scan, every location ping. No judge, no warrant, (and according to several recent reports), no record it ever happened, who did the search or under what pretext.
Everyone paying attention already knew it's been possible to do this for a decade. And everyone knows the government ALREADY does this for non-U.S. citizens. We just trusted that the government could not do it with U.S. citizens because the constitution and dozens of SCOTUS rulings make it so clearly ILLEGAL. But just like waterboarding and droning teenagers were once so clearly illegal, one secret legal opinion redefined "Spying" just like "Torture" was redefined in the 2000s and "Murder" was redefined in the 2010s - what the 4th Amendment has absolutely forbidden for 250 years instantly became legal to an invasive level Jefferson, Madison and Hamilton couldn't have dreamed in their worst nightmares.
> This isn't about how the spying is done, it's about whether it's legal for the NSA to ever spy on U.S. citizens by ANY means.
It's about whether it's spying.
To add a little bit to your comment, the US invented the term "enemy combatant" to evade the Geneva Convention rules about prisoners of war. And it also gave itself the right to designate whoever it wants as an enemy combatant.
You have the law, you have precedent, best not to get on the naughty list.
They invented the term because they were being attacked by non-state actors who didn't wear uniforms.
There's a lot of stuff they do wrong but that isn't one of them. In this case, the Geneva convention was just written in a different time.
Inventing the term "enemy combatants" as a label for people who don't wear uniforms isn't the problem. The problem is not even affording them the rights guaranteed to prisoners of war.
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lol “we don’t feel like following the law so we just picked some fresh dog poop and yelled about bad things that were unrelated and then did whatever we want and invented these funny little games with paper thin jokes everyone is going to pretend is valid so we could do whatever we wanted to anyway lol”.
If they could justify it, it wouldn’t be classified.