It's a good thing that bad guys would never knock, say they are the police, then rush in and commit crimes. Because that would mess up the whole thing where you can always be certain only the good guys would knock first and say "It's just the cops, so don't be confused by the stun grenades, menacing threats, semiautomatic weapons and ninja getup, because we're really friendly".
"...word games the NSA and its defenders will use to increase spying"
They don't use these word games to increase spying, they use them to increase legal ass-coverage for spying that they already do.
It's quite plain that when a novel technique is available to them, they do not wait for supporting legislation before they use it, they implement it completely and if they think anyone will find out and object, only then do they task their spin masters to provide retroactive legislation "reforms" justifying it.
This isn't a story about failures, it's a story about successes.
In each of these instances, the government employees did exactly what was asked of them and were extremely successful at it.
They were asked to make sure that these initiatives resulted in a whackload of tax dollars flowing to the corporations involved. The people who asked them to do it are very happy with the outcome.
Cronyism and regulatory capture are not failures of the system. They ARE the system. It's a worldwide phenomenon.
When one assesses Hayden as a bumbling idiot or the rest of the players in this and any other government operation (TSA, war on drugs, voting machines...) as incompetent, one is measuring them by the mandate specified in their job description - i.e. to serve the American public, to further the needs of the American people as a whole.
While these people are reading the relevant legislation via their secret decoder rings, they are also completely dismissing the mandate that the rest of the world is measuring them by and instead following their own agendas. And by those agendas, they are far from incompetent.
Each of these "incompetent" initiatives is _extremely_ competent at transferring taxpayer wealth to the corporations that supply the equipment and manpower to implement the programs. Is a $100-million abandoned software project an example of incompetence? Yes, if you measure it by the stated mandate. No, if you measure it by the software company's agenda. Is a prison system overflowing their capacity a problem? Yes if you measure it by their expressed mandate. Not at all if you forklift your skids of profits from the penitentiary-building industry.
Whenever you hear of government incompetence at levels such as this, look for the beneficiary of the "incompetence" and turn your perspective around. You will find that these are some very competent folks.
They also seem to have some amazing foresight. I have been intrigued more than once at the speed with which expensive scanners or voting machines have been ramped into production and distribution and pushed through certification following on the introduction of the legislation that enables them. It's uncanny.
I've said it here before, the rule they use to justify their actions is selected wayyy after they decide to do whatever it is. They are going to do it anyway, loophole or not.
It's not the loophole's fault that it's happening, it's just the excuse they are using. They would just find another loophole or lacking that simply tell you there is a secret law authorizing it that you're not allowed to ask about.
The fact that they used this particular terrorism law to "justify" Miranda's detention is a red herring.
The fact is that they were going to stop him and take away his electronics in any case. Pulling some regulation or other out of a hat to apply as a reason for nosy parkers who ask is simply a necessary annoyance to the authorities.
If this law had not given them the convenient allowance to detain him and take his stuff, they would have found another. I'm sure some copyright law would have been the next choice.
The point of Schrodinger's Cat is that quantum physics dictates that the cat under that set of circumstances must be considered simultaneously to exist in both states.
Thusly, (if the already tenuous analogy were to be stretched even further) until they listen to a file to determine if it is infringing, they can say that it both is and is not, a condition no doubt likely to bring a smile to a certain Mr. Clinton.
You can guarantee which side the copyright lobby would choose to decide is the determining state; it's not so clear which the courts would decide trumps the other in this hypothetical overextended analogy world.
Even better, why not a president who's a constitutional scholar! Just think how a president like that would hold true to the constitution at every turn!
To quote The Pogo Papers, not quite as famous as the Pentagon papers but also a hereditary link to this issue:
Resolve then, that on this very ground, with small flags waving and tinny blast on tiny trumpets, we shall meet the enemy, and not only may he be ours, he may be us.
On the post: Vicious Cycle: When Those Abused By Trademark Abuse Others With Trademark
Re: Re: Wild Turkey
On the post: Vicious Cycle: When Those Abused By Trademark Abuse Others With Trademark
In related news...
On the post: Grand Jury Somehow Fails To Indict Man Who Shot Deputy During No-Knock, Pre-Dawn Raid For Capital Murder
Knock knock
On the post: Without Anyone Paying Attention, Canada Is About To Change Its Laws To Support ACTA
Re: Re: Paying no attention
On the post: Without Anyone Paying Attention, Canada Is About To Change Its Laws To Support ACTA
Paying no attention
On the post: DOJ Finally Realizing That It Has Absolutely No Case Against Julian Assange
Re:
On the post: With Repeated Reports Of Long-Term NSA Abuses, Does Anyone Actually Believe NSA Is Following The Law Today?
The NSA should hook up with the mayor of Toronto.
On the post: How Feinstein's Fake NSA Reform Bill Could Actually Make It Easier For NSA To Record Your Phone Calls
Carts and horses
They don't use these word games to increase spying, they use them to increase legal ass-coverage for spying that they already do.
It's quite plain that when a novel technique is available to them, they do not wait for supporting legislation before they use it, they implement it completely and if they think anyone will find out and object, only then do they task their spin masters to provide retroactive legislation "reforms" justifying it.
On the post: Why Healthcare.gov Sucks? Because They Hired Political Cronies, Not Internet Native Companies To Build It
It's all perspective
In each of these instances, the government employees did exactly what was asked of them and were extremely successful at it.
They were asked to make sure that these initiatives resulted in a whackload of tax dollars flowing to the corporations involved. The people who asked them to do it are very happy with the outcome.
Cronyism and regulatory capture are not failures of the system. They ARE the system. It's a worldwide phenomenon.
On the post: Former NSA Boss Hayden Says Snowden Likely To Become An Alcoholic Because He's 'Troubled' And 'Morally Arrogant'
Competence
While these people are reading the relevant legislation via their secret decoder rings, they are also completely dismissing the mandate that the rest of the world is measuring them by and instead following their own agendas. And by those agendas, they are far from incompetent.
Each of these "incompetent" initiatives is _extremely_ competent at transferring taxpayer wealth to the corporations that supply the equipment and manpower to implement the programs. Is a $100-million abandoned software project an example of incompetence? Yes, if you measure it by the stated mandate. No, if you measure it by the software company's agenda. Is a prison system overflowing their capacity a problem? Yes if you measure it by their expressed mandate. Not at all if you forklift your skids of profits from the penitentiary-building industry.
Whenever you hear of government incompetence at levels such as this, look for the beneficiary of the "incompetence" and turn your perspective around. You will find that these are some very competent folks.
They also seem to have some amazing foresight. I have been intrigued more than once at the speed with which expensive scanners or voting machines have been ramped into production and distribution and pushed through certification following on the introduction of the legislation that enables them. It's uncanny.
Follow the tax dollars.
On the post: Details Reveal Crypto Standard Controlled By NSA; And How Canada Helped
My detailed Canadian perspective on this
On the post: The US Government Has Betrayed The Internet; It's Time To Fix That Now
Re: Re: Cisco likely sold out
On the post: James Clapper Says Feds Will Start Releasing Some FISA And NSL Metadata, But Not The Kind That Matters
We don't care to know what they want us to know.
On the post: Key Loophole Allows NSA To Avoid Telling Congress About Thousands Of Abuses
cart before the horse
It's not the loophole's fault that it's happening, it's just the excuse they are using. They would just find another loophole or lacking that simply tell you there is a secret law authorizing it that you're not allowed to ask about.
On the post: Blatant Intimidation: Glenn Greenwald's Partner Detained At Heathrow Under Terrorism Law, All His Electronics Seized
which law they applied is not the issue
The fact is that they were going to stop him and take away his electronics in any case. Pulling some regulation or other out of a hat to apply as a reason for nosy parkers who ask is simply a necessary annoyance to the authorities.
If this law had not given them the convenient allowance to detain him and take his stuff, they would have found another. I'm sure some copyright law would have been the next choice.
On the post: If The Feds Say Collecting Data Is Not A Search Until It Looks At Them, Is It Not Piracy Until You View The File?
Re: Re: Re:
Thusly, (if the already tenuous analogy were to be stretched even further) until they listen to a file to determine if it is infringing, they can say that it both is and is not, a condition no doubt likely to bring a smile to a certain Mr. Clinton.
You can guarantee which side the copyright lobby would choose to decide is the determining state; it's not so clear which the courts would decide trumps the other in this hypothetical overextended analogy world.
On the post: ISP CEO Explains What Happens When The NSA Shows Up At Your Door
Re: has a really good take on copyright law
On the post: Dear Politicians: Exposing US Dirty Laundry Isn't Aiding The Enemy
Re: Snowmen is a traitor
Besides, China is not an enemy, it's not even exactly a competitor, it's a trading partner.
What if he'd taken it to Canada, one of the other of the US's biggest trading partners? Would that still be treason in your eyes?
On the post: Dear Politicians: Exposing US Dirty Laundry Isn't Aiding The Enemy
We have met the enemy.
Resolve then, that on this very ground, with small flags waving and tinny blast on tiny trumpets, we shall meet the enemy, and not only may he be ours, he may be us.
On the post: Now That The Whistle Has Been Blown, Let's Take A Look At Some 'Myths' About The NSA
He's not not telling the false untruth