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[IP] more on Could NY Times face a treason trial?





Begin forwarded message:

From: Dan Shoop <shoop@xxxxxxxxxxx>
Date: January 24, 2006 4:55:40 PM EST
To: dave@xxxxxxxxxx, ip@xxxxxxxxxxxxxx
Subject: Re: [IP] more on Could NY Times face a treason trial?

At 2:23 PM -0500 1/24/06, David Farber wrote:
Begin forwarded message:

From: Richard Perlman <perl@xxxxxxxxxx>
Date: January 24, 2006 2:15:02 PM EST
To: David Farber <dave@xxxxxxxxxx>, ip@xxxxxxxxxxxxxx
Subject: Re: [IP] Could NY Times face a treason trial?

Dave:

Let me get this straight. The President is not guilty of violating the law by ordering wire taps, because they are "legal" given some understanding of Congress' Iraq resolution. But, the NYT might be guilty of treason for
divulging the, presumably legal, actions of the President.

22 years later than Orwell predicted.

Considering how it is the mission of the NSA to intercept all communications traffic that enters or leaves our shores, no matter if the originator or recipient is a US Citizen or not, I find it hardly surprising that this is even newsworthy. Traffic from an American citizen on US soil to a foreign national abroad is notable SIGINT traffic that doesn't require a warrant because it is monitoring the foreign national. Transversely, traffic from a foreign national abroad to an American citizen on US soil is also notable SIGINT traffic as it is also monitoring a foreign national.

Now if the NSA was intercepting domestic traffic, or it was intercepting traffic between two American citizens (one of which was on US soil), that would be a different matter entirely.

Moreover, intercepts have been used in *peacetime* as part of executive power. They were most used under Democratic Presidents. Jimmy Carter was a notable example. Given the war-time posturing of the current administration it would seem as if they'd have even more of a case of support than less.
--

-dhan

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Dan Shoop                                                   AIM: iWiring
Systems & Networks Architect                     http://www.iwiring.net/
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