Canadian judges rule, no expectation of privacy online.

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RichardE

Banned
Dec 31, 2005
10,246
2
0
Originally posted by: shadow9d9
Originally posted by: RichardE
Originally posted by: shadow9d9
Originally posted by: RichardE
Originally posted by: BoberFett
Originally posted by: Wheezer
Can't have your cake and eat it too.....we all know that once you put something out on the web no matter how private you "think" it is, it is not, and it will never ever go away.....so why is this such a big deal?

If you seriously thought that what you did online was considered "private"...you are a fool.

It's like having a "private" conversation on a cell phone in a public place, no such thing.......it's not private when everyone else in the store can hear you.

So you won't mind if I go through your mail?

I wouldn't, you shouldn't either.

This same allowance of government power allowed Hitler to thrive and slowly tear apart germany.

We are doomed to repeat history if we are too dumb to learn from it.

To most, with no privacy, there is no point in living. Live free or die ring a bell? You NOT caring has no relevance here and does not create an argument.

Let's destroy the forests. "I" don't care, you shouldn't either. There we go... perfect argument!

The idea that one resemblance makes a repeat of history is folly. You might as well say "Hitler was elected, every time we have an election we are about to go down that same path!"

Seriously? That's all you have? I was expecting at least an effort.

If you wish to respond with far fetched nonsense ideals it is what you will get in return.
 

RichardE

Banned
Dec 31, 2005
10,246
2
0
Originally posted by: shadow9d9
Originally posted by: RichardE
Originally posted by: Brainonska511
Originally posted by: RichardE
Originally posted by: BoberFett
Originally posted by: Wheezer
Can't have your cake and eat it too.....we all know that once you put something out on the web no matter how private you "think" it is, it is not, and it will never ever go away.....so why is this such a big deal?

If you seriously thought that what you did online was considered "private"...you are a fool.

It's like having a "private" conversation on a cell phone in a public place, no such thing.......it's not private when everyone else in the store can hear you.

So you won't mind if I go through your mail?

I wouldn't, you shouldn't either.

Why? It's none of your f*cking business what I get in my mailbox. I don't care that I'm doing nothing wrong. Here in the US, the 4th amendment grants me the right to privacy (and thus the government needs a warrant backed by some evidence to get around that).

Of course it is none of my business. Human eyes would never see your mail unless some obvious concern arose from the automated system. We wouldn't care that you like midget porn, we would care if you subscribe to activities that would be a threat to the state or a thread to basic Western Ideals.

Yeah, this happened.. it was called McCarthyism.

See, you are being made ignorant by fear. The technology was not available during that time for passive monitoring, and McCarthyism was the result of active persecution, not passive monitoring. Two different scenarios. Your fear makes you illogical.
 

ModerateRepZero

Golden Member
Jan 12, 2006
1,572
5
81
As eskim already pointed out, little in our nation's history leads anyone even remotely familiar with it as well as human nature to believe that a system will be used solely for preventing crime.

http://www.washingtonpost.com/...8/AR2008080803603.html

The FBI discontinued use of the emergency letters after privacy advocates and internal watchdogs cited hundreds of cases in which agents intentionally, or out of sloppiness, did not follow up their "exigent" requests with paperwork that linked the submission to a genuine matter of national security.



http://www.examiner.com/x-536-...-Americans-phone-calls

"These were just really everyday, average, ordinary Americans who happened to be in the Middle East, in our area of intercept and happened to be making these phone calls on satellite phones," said Adrienne Kinne, a 31-year old US Army Reserves Arab linguist assigned to a special military program at the NSA's Back Hall at Fort Gordon from November 2001 to 2003.

Kinne described the contents of the calls as "personal, private things with Americans who are not in any way, shape or form associated with anything to do with terrorism."

you're forgetting that people say or do rash things in the heat of the moment. should I get in trouble just because I intemperately verbalized some sort of threat against my parents?
making thoughts or intent a crime is not only contrary to our legal system (repeat after me: innocent until proven guilty)

the other thing that bothers me about such widespread and indiscriminate surveillance is that it appears to be more vulnerable to exploitation. just a week or two ago someone in off-topic posted a thread about swatting in which people could take advantage of 911's system to falsely report on random people.
http://forums.anandtech.com/me...id=38&threadid=2273321

apparently you can't even trust the accuracy of records....while this is not related to surveillance, this article is disturbing considering how important credit card reports are for say, background checks:
http://www.smartmoney.com/Spen...s-Cannot-Get-it-Right/
 

RichardE

Banned
Dec 31, 2005
10,246
2
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Originally posted by: ModerateRepZero
You seem to also believe the idea that a society without privacy would mean scrutiny of every individual. The man power needed would be enourmous for that and it would obviously be an automatic system with checks that would only show certain issues to human eyes.

Would a human ever see that you had steak for the 7th night in a row? No, there would be no point, same as if you dressed your wife up for sheep. If a monitoring system saw you taking escalating steps towards a crime, would it than notify its overseerers? Probably.

The technology is rapidly becoming available for an purely automatic passive total monitoring system where the only time human eyes will see anything is when it deviates from the norm into the potentially criminal realm and even than until a crime is committed you can only be monitored. If the total monitoring network was able to hear someone make a threat, load a gun and than get in his car and begin driving towards the house of the person he made the threat too, how much easier would it be for society to implement a "call" to this individual and let him know what monitoring has noticed and he is instructed to turn around and return the gun to his home.

This was the jist of a paper I read recently on this very subject. I will scan it tomorrow and return to this thread with it. The possibility of the technology we have will make your current ideas seem medevil in comparison.

On another note. Say you have a lady call the police regarding her neighbor saying she saw him two weeks ago molesting a child. Instead of having this man dragged through the mud, face on in the paper, reputation ruined ect ect, the total monitoring system easily sees that this individual was in another state at the time of this complaint.

The system is not about making the state more powerful, it is about streamlining law enforcement to make it more efficient. How many crimes could be prevented if the person knew that the system caught him planning it? How much easier would our system be on society if it was not centered around punishment but intervention and prevention.

As eskim already pointed out, little in our nation's history leads anyone even remotely familiar with it as well as human nature to believe that a system will be used solely for preventing crime.

http://www.washingtonpost.com/...8/AR2008080803603.html

The FBI discontinued use of the emergency letters after privacy advocates and internal watchdogs cited hundreds of cases in which agents intentionally, or out of sloppiness, did not follow up their "exigent" requests with paperwork that linked the submission to a genuine matter of national security.



http://www.examiner.com/x-536-...-Americans-phone-calls

"These were just really everyday, average, ordinary Americans who happened to be in the Middle East, in our area of intercept and happened to be making these phone calls on satellite phones," said Adrienne Kinne, a 31-year old US Army Reserves Arab linguist assigned to a special military program at the NSA's Back Hall at Fort Gordon from November 2001 to 2003.

Kinne described the contents of the calls as "personal, private things with Americans who are not in any way, shape or form associated with anything to do with terrorism."

you're forgetting that people say or do rash things in the heat of the moment. should I get in trouble just because I intemperately verbalized some sort of threat against my parents?
making thoughts or intent a crime is not only contrary to our legal system (repeat after me: innocent until proven guilty)

the other thing that bothers me about such widespread and indiscriminate surveillance is that it appears to be more vulnerable to exploitation. just a week or two ago someone in off-topic posted a thread about swatting in which people could take advantage of 911's system to falsely report on random people.
http://forums.anandtech.com/me...id=38&threadid=2273321

apparently you can't even trust the accuracy of records....while this is not related to surveillance, this article is disturbing considering how important credit card reports are for say, background checks:
http://www.smartmoney.com/Spen...s-Cannot-Get-it-Right/

[/quote]

Obviously mistakes would happen, and those mistakes would be an ever growing process in the pursuit of perfection in this system.

I addressed your concern earlier about "heat of the moment" which would involve passive intervention type techniques before an arrest is made ect. I think it is better if say we let you know we heard you making threats to someone, so you know we know, and you go on your merry way in life. Chances are if people *knew* that the government knew about there plans they would not follow through on there ideas.

A system based on punishment is barbaric.
 

ModerateRepZero

Golden Member
Jan 12, 2006
1,572
5
81
and how does technology invalidate the argument about surveillance? :confused:

it doesn't matter if someone ran into a bank and made off like a bandit with wads of dollar bills or ran a ponzi scheme like Bernard Madoff is alleged to have done, or embezzled money from a company or organization....it's STILL stealing money from people and unjustly enriching oneself.

the same thing is true whether or not computers remotely monitor public/private space or have informants/snitches (which happened in pre-technology days I bet) in police states; the practice and distrust or paranoia that resulted is the same thing.
 

RichardE

Banned
Dec 31, 2005
10,246
2
0
Originally posted by: ModerateRepZero
and how does technology invalidate the argument about surveillance? :confused:

it doesn't matter if someone ran into a bank and made off like a bandit with wads of dollar bills or ran a ponzi scheme like Bernard Madoff is alleged to have done, or embezzled money from a company or organization....it's STILL stealing money from people and unjustly enriching oneself.

the same thing is true whether or not computers remotely monitor public/private space or have informants/snitches (which happened in pre-technology days I bet) in police states; the practice and distrust or paranoia that resulted is the same thing.

Simply the technology used for surveillance would make automation the system of monitoring. No longer would humans be focused on blacks, rich, poor, republicans, communist, democrats ect. The system would search for specific signs of criminal activity through voice, video, electronic monitoring and with cross referencing would be able too indiscriminately focus on targets.

The idea of racial profiling, the black boots beating you because you wrote a book the wrong way, the indiscriminate way we put trust in law enforcement today to be objective would be history. We would instead have in place a system that would streamline law enforcement without the barbaric practices of the past.
 
Dec 10, 2005
28,038
12,637
136
Originally posted by: RichardE
Originally posted by: ModerateRepZero
and how does technology invalidate the argument about surveillance? :confused:

it doesn't matter if someone ran into a bank and made off like a bandit with wads of dollar bills or ran a ponzi scheme like Bernard Madoff is alleged to have done, or embezzled money from a company or organization....it's STILL stealing money from people and unjustly enriching oneself.

the same thing is true whether or not computers remotely monitor public/private space or have informants/snitches (which happened in pre-technology days I bet) in police states; the practice and distrust or paranoia that resulted is the same thing.

Simply the technology used for surveillance would make automation the system of monitoring. No longer would humans be focused on blacks, rich, poor, republicans, communist, democrats ect. The system would search for specific signs of criminal activity through voice, video, electronic monitoring and with cross referencing would be able too indiscriminately focus on targets.

The idea of racial profiling, the black boots beating you because you wrote a book the wrong way, the indiscriminate way we put trust in law enforcement today to be objective would be history. We would instead have in place a system that would streamline law enforcement without the barbaric practices of the past.

Someone still has to program this system. Who decides what is and isn't okay to say?

What's wrong with just getting a warrant?
 

RichardE

Banned
Dec 31, 2005
10,246
2
0
Originally posted by: Brainonska511
Originally posted by: RichardE
Originally posted by: ModerateRepZero
and how does technology invalidate the argument about surveillance? :confused:

it doesn't matter if someone ran into a bank and made off like a bandit with wads of dollar bills or ran a ponzi scheme like Bernard Madoff is alleged to have done, or embezzled money from a company or organization....it's STILL stealing money from people and unjustly enriching oneself.

the same thing is true whether or not computers remotely monitor public/private space or have informants/snitches (which happened in pre-technology days I bet) in police states; the practice and distrust or paranoia that resulted is the same thing.

Simply the technology used for surveillance would make automation the system of monitoring. No longer would humans be focused on blacks, rich, poor, republicans, communist, democrats ect. The system would search for specific signs of criminal activity through voice, video, electronic monitoring and with cross referencing would be able too indiscriminately focus on targets.

The idea of racial profiling, the black boots beating you because you wrote a book the wrong way, the indiscriminate way we put trust in law enforcement today to be objective would be history. We would instead have in place a system that would streamline law enforcement without the barbaric practices of the past.

Someone still has to program this system. Who decides what is and isn't okay to say?

What's wrong with just getting a warrant?

The same checks and balances we have now would decide what is ok and what is not.

Warrants are reactive to human intervention and still susceptible to individuals not being completely objective. A automatic system that monitors completely would be the same more or less as a warrant.

Any suggestions I have seen regarding this idea though do have judges who review the information gained from the system before issuing a call for pro-active activity. Intervention methods obviously (my example of the system contacting someone who had verbally expressed desire to commit a crime) or anything extremely time sensitive might have to be left to the system, but the warrant issue would still be present at first to ensure the continuing perfection of the system. Though once the system is more or less perfected we could discard the time consuming process of a warrant and allow the courts to decide if the evidence the system gained was incorrect.

The checks and balances currently in place would still apply, you could still say fuck the government, you could still write long tirades about how you hate the NSA, as long as your activities do not circumvent the law the automatic system would never take notice of you.

A further note, the idea of a system that brings the cases for a warrants directly to a judge also eliminates any perceived biases that police officers, prosecutors and detectives might have and would result in a more fair system.
 

fskimospy

Elite Member
Mar 10, 2006
87,672
54,663
136
I cannot believe this thread is still going on. RichardE, stop it. You don't know what you're talking about. You are arguing for some sort of system you believe to be perfectible despite no such system ever having existed throughout all of mankind's history. When and if you come up with this magical system, please submit it to society at large for review and we'll check it out. I won't hold my breath.

Oh, and there's nothing wrong with prosecutors being biased, etc. Our system is adversarial on purpose.
 

RichardE

Banned
Dec 31, 2005
10,246
2
0
Originally posted by: eskimospy
I cannot believe this thread is still going on. RichardE, stop it. You don't know what you're talking about. You are arguing for some sort of system you believe to be perfectible despite no such system ever having existed throughout all of mankind's history. When and if you come up with this magical system, please submit it to society at large for review and we'll check it out. I won't hold my breath.

Oh, and there's nothing wrong with prosecutors being biased, etc. Our system is adversarial on purpose.

For someone who enjoys his rights I didn't think a law system that was purposefully biased would fit into those views. You call me confused.

The system I am visioned and is a topic among those in security policies, research ect is one of a potential system that *will* come. At some point we will be monitored completely, that is just a natural progression, what system we embrace will be decided in the next few decades of policy. Your policy of ignoring the ever changing system that is already being brought towards a system of complete surveillance is akin to sticking your head in the sand.


Though, for someone who thinks the law should be biased, I am starting to understand.
 

fskimospy

Elite Member
Mar 10, 2006
87,672
54,663
136
Originally posted by: RichardE
Originally posted by: eskimospy
I cannot believe this thread is still going on. RichardE, stop it. You don't know what you're talking about. You are arguing for some sort of system you believe to be perfectible despite no such system ever having existed throughout all of mankind's history. When and if you come up with this magical system, please submit it to society at large for review and we'll check it out. I won't hold my breath.

Oh, and there's nothing wrong with prosecutors being biased, etc. Our system is adversarial on purpose.

For someone who enjoys his rights I didn't think a law system that was purposefully biased would fit into those views. You call me confused.

The system I am visioned and is a topic among those in security policies, research ect is one of a potential system that *will* come. At some point we will be monitored completely, that is just a natural progression, what system we embrace will be decided in the next few decades of policy. Your policy of ignoring the ever changing system that is already being brought towards a system of complete surveillance is akin to sticking your head in the sand.


Though, for someone who thinks the law should be biased, I am starting to understand.

Your concept of the total surveillance system, like I said, it's a pipe dream.

The law should not be biased, prosecutors should be. Our system is adversarial on purpose.
 

Wheezer

Diamond Member
Nov 2, 1999
6,731
1
81
Originally posted by: BoberFett
Originally posted by: Wheezer
Can't have your cake and eat it too.....we all know that once you put something out on the web no matter how private you "think" it is, it is not, and it will never ever go away.....so why is this such a big deal?

If you seriously thought that what you did online was considered "private"...you are a fool.

It's like having a "private" conversation on a cell phone in a public place, no such thing.......it's not private when everyone else in the store can hear you.

So you won't mind if I go through your mail?

how is a SEALED envelope like the internet?

 

RichardE

Banned
Dec 31, 2005
10,246
2
0
Originally posted by: eskimospy
Originally posted by: RichardE
Originally posted by: eskimospy
I cannot believe this thread is still going on. RichardE, stop it. You don't know what you're talking about. You are arguing for some sort of system you believe to be perfectible despite no such system ever having existed throughout all of mankind's history. When and if you come up with this magical system, please submit it to society at large for review and we'll check it out. I won't hold my breath.

Oh, and there's nothing wrong with prosecutors being biased, etc. Our system is adversarial on purpose.

For someone who enjoys his rights I didn't think a law system that was purposefully biased would fit into those views. You call me confused.

The system I am visioned and is a topic among those in security policies, research ect is one of a potential system that *will* come. At some point we will be monitored completely, that is just a natural progression, what system we embrace will be decided in the next few decades of policy. Your policy of ignoring the ever changing system that is already being brought towards a system of complete surveillance is akin to sticking your head in the sand.


Though, for someone who thinks the law should be biased, I am starting to understand.

Your concept of the total surveillance system, like I said, it's a pipe dream.

The law should not be biased, prosecutors should be. Our system is adversarial on purpose.

Any biasesness in the law is a fault not a strength. It's appalling you think that at any point in our system that would be ok.

The system is far from a pipe dream and with a few technologies that are being developed, once they are, the computing power as well as the actual technology of surveillance will be easily within reach. I look forward to that.
 

Atreus21

Lifer
Aug 21, 2007
12,001
571
126
I'd like to make my opinion on privacy.

We can expect a reasonably private existence if we make efforts to keep our affairs private. You can't go into a crowded mall and claim everyone there is walking on your right to privacy. Similarly, posting something on the internet, which is the world's best way of making information public, can have no reasonable expectation of privacy. In my opinion, privacy can only be infringed if someone makes a deliberate attempt to uncover something intended to be private.

Also, security trumps privacy, just like it does any right. A right is worth nothing if the state can't secure and enforce it. This means we have to place some trust in the state authority, which is understandably nerve-wracking.
 

BoberFett

Lifer
Oct 9, 1999
37,562
9
81
Originally posted by: Wheezer
Originally posted by: BoberFett
Originally posted by: Wheezer
Can't have your cake and eat it too.....we all know that once you put something out on the web no matter how private you "think" it is, it is not, and it will never ever go away.....so why is this such a big deal?

If you seriously thought that what you did online was considered "private"...you are a fool.

It's like having a "private" conversation on a cell phone in a public place, no such thing.......it's not private when everyone else in the store can hear you.

So you won't mind if I go through your mail?

how is a SEALED envelope like the internet?

It's as easy to open an envelope as it is to inspect a packet.

Are you claiming our privacy rights are dependent on the presence of glue?
 

shadow9d9

Diamond Member
Jul 6, 2004
8,132
2
0
I don't understand why obvious baiting and nonsensical answers are allowed here.

In reality I am a more radical person in my behavior and views than 95% of the people here. Yet, I take my views seriously and would never play devil's advocate just for attention on forums. I could understand really believing something that is unpopular, but this just stinks of attention mongering.
 

fskimospy

Elite Member
Mar 10, 2006
87,672
54,663
136
Originally posted by: RichardE

Any biasesness in the law is a fault not a strength. It's appalling you think that at any point in our system that would be ok.

The system is far from a pipe dream and with a few technologies that are being developed, once they are, the computing power as well as the actual technology of surveillance will be easily within reach. I look forward to that.

Yet again, you have failed to understand my simple point. The law is not biased, but the prosecutors are. An adversarial legal system such as ours is the most fair and least biased system yet developed, but it relies on biased actors for both the prosecution and defense in order to be so. I would love for you to explain what an 'unbiased' system would look like though.

Your vague claims that someday soon technology will increase and we'll have this fabulous system that you can neither describe nor provide any plans to implement is a joke. "Oh, everything will work out soon" is a cop out and you know it. Your idea is once again extremely naive.
 

ModerateRepZero

Golden Member
Jan 12, 2006
1,572
5
81
to focus more on the hypothetical surveillance premise/foundations:

all automation/computer programs are susceptible to the same flaw: human error/biases. if you took any statistics class I bet a good instructor will have made the caveat that your results (output) can only come from your data (input). it's no surprise to find out, then, that in the subprime mortgage crisis "geniuses" believed that sub-prime mortgages were not risky and financial ticking time bombs, but were as "solid" as standard mortgages (even though they're not the same thing)...and the basis for their premise was using data of standard mortgages (which is comparing apples to oranges). more than fifteen years ago, more "geniuses" at long-term capital management made disastrous bets on the basis of their data, causing their hedge fund to collapse and was so dire that the Federal Reserve stepped in and forced the leading banks to lend money to the hedge fund.

this leads me to a related point: even *IF* we could somehow guarantee that the data, the analysis, and the results were genuine, at the end of the day it's still up to HUMANS to make use of the data. it's reasonable to assume that people have biases such as dreading bad news (in the old days some messengers of woe were beheaded or such by the king), and hardly a month or year can go by without hearing news of another security breech (just rencently Heartland announced a break-in that iirc wasn't discovered for MONTHS!)