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Actually my takeaway from the Snowden leaks was that the government tried really hard to stay within the confines of the law, even if they wildly stretched the legal theory to get there.

https://www.blankenship.io/essays/2020-07-13/

Doesn’t justify what they were doing, or make it legal, but it’s an important distinction when trying to reason about government surveillance programs.






By that use of the phrase, sovereign citizens try really hard to stay within the law.

But this is true, right? The whole movement is based on their legal theory giving them rights to behave in a certian way, and the idea that everyone else wastes that 'right' through ignorance and state manipulation. It's dumb, but not dishonest.

No, the sovcit movement is sourced from actual, literal paranoid schizophrenia and spreads via social media.

Let's consider it through a personal example. Suppose you are on a call rotation, and agree that the on-call engineer can wake you up at 4AM, but only if it's really important, and that the matter at hand has to involve some knowledge that you have, but didn't put on the wiki. Later, you are woken up at 4AM to discuss the results of a football game, and when challenged your coworker defends that they upheld their end of the bargain. They claim that it wasn't specified who it had to be important to, and that once you had been told who won, you had knowledge related to the call that you hadn't put on the wiki.

Would a fair manager consider them as having broken the agreement, or as having tried really hard to comply with the rules?


I would call that wanting plausible deniability (in a different sense than how the phrase is normally used). "Yes we may have a done a bad thing but we believed it was allowed."

You don't have to have a sound legal theory that will hold up in court. You just have to have a sound bite that you can vomit up when someone says "Wait a minute, isn't that blatantly illegal?"

> You don't have to have a sound legal theory that will hold up in court.

What? Why? The natural continuation of "Wait a minute, isn't that blatantly illegal?" is "We're going to sue you to make you stop."


At least in the context of the presidential surveillance program, the ACLU did sue to make them stop. But the program was classified which made getting evidence of the program's existence a crime. The supreme court ruled that they couldn't make a decision without evidence. Shortly after, Snowden leaked the evidence the supreme court had requested. That leak provided the ACLU the evidence necessary to bring the case back to the supreme court and win, "stopping" the program.

So... what part of the program stopped?

It’s in air quotes for a reason. Obama ran on promises to end it and protect whistleblowers like Snowden. Then he kept it alive under new branding and doubled down on vilifying whistleblowers like Snowden.

Well when you say it like that, it sounds like the government is an unstoppable bureaucracy that only cares about its own expansion.

I'm no historian or otherwise an expert but someone told me that secret services exist almost independent from the government that spawned them and that some even continue to exist after the government is gone. (I forget the examples) The point being that it serves itself first and may act to benefit other parties. (The status quo) The government or the citizens may end up further down the list than imagined.

> (I forget the examples)

Well, Russian / Soviet secret polices might be examples?


They made a whole show about this called Yes Minister

One of the worst presidents the US has had in at least the last 50 years and he was held up as a champion by the left. Expanded the black sites programs, supported some of the worst foreign conflicts the US has been involved in, somehow was elected twice.

> he was held up as a champion by the left.

I don't think this word means what you think it means. More importantly, nor do Democratic politicians or self-identified leftists in general. Lumping them all together and equating the revolutionary Communist with the status quo corporatist Democrat is a Fox News thing.

A less extreme self-identity, the "progressives", were bemoaning Obama and his attachment to "hyper-timid incrementalist bullshit" from Clinton's lobbyist-friendly Third Way agenda, as early as 2008. Yes he was a break from the tortured logic and abuses of power that were standard for Bush; Obama was the compromise candidate that was acceptable to progressives and who (positively) did have designs to build a halfway functional healthcare system.

But it seems that that trendline which spent eight years defending some rather insane behavior by the Bush Administration, was not (and is not) finished. We ratchet ever rightwards.

A very large and very public impact on Obama's foreign policy (which is not what he ran on) involved trying to defend himself against constant criticism from a right-wing media machine, which is why it was in large part defined by rightwards-reaching compromises between our foreign policy in 2008, and people like McCain who wanted to start bombing Iran immediately, or people like Greg Abbott who wanted to start shooting at immigrants immediately. What surprised him was that this drew no support. See also: SCOTUS & Garland.

People calling themselves "leftists" and "socialists" today in large part stood up out of dissatisfaction with Obama and the establishment Democrats, and formed a social consciousness during the campaign of Bernie Sanders.


I would say you don't know what "the left" means either, insofar as I don't believe the common use of the word today or then to describe "progressives" was as a loanword for socialism. I don't even think most Americans know what socialism really is, given they're often spotted fawning over the Nordic Model as a proud example, Bernie included, which has nothing to do with socialism. We also have a party called "the Left" here in Denmark, which has nothing to do with the American left in common use today.

It's all entirely relative and contextual. Your definition is the outlier. Not mine.

You've written a few colorful paragraphs that fail to attack my point that he was a terrible US president.

I don't really care (and you shouldn't either) whether Obama's foreign policy was defensive. It was bad foreign policy, period. And that's on him and the American people who voted him into power. Americans owe much of the US' poor foreign posture today to him and his administration.


My point is that most American leftists don't think he was a great president either.

_Especially_ after he put his foot on the scale in the 2020 primaries, orchestrating a behind-closed-doors pressure campaign to sharply unify the party's politicians and favorable media around Biden, in order to defeat Sanders.

Along with the drone war and a few other things, it's part of the package of insults that drove a number of people to stop identifying as Democrats or progressives and start identifying as leftists and socialists, which had been largely taboo terminology in the US (and online, "communists", which still is). The only people in the US still widely using "leftist" as an exonym for Democrats are far-right media and their zombie hordes of septuagenarians.

The leftists describe centrist democratic politicians as "liberals" as distasteful pejorative, and the right uses "liberal" as a distasteful pejorative interchangeable with "socialist" and "communist" and "leftist", for anyone and everyone who isn't on the authoritarian ethnonationalist train.

This semantic shift and new leftist discourse has accompanied a slow realization that the things Obama considered politically unachievable given the constraints of the donor class & media environment, were often things with 70% popular support, and 85% popular support among Democrats. That the perception of popularity & professional political support was being wildly warped by corporate/aristocratic power and the GOP political machine. That ranges from socialized medicine to closing Guantanamo to ending wars in the Mideast.


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Pure libertarians are no more blindly idealistic than pure anything else. Elegant solutions are attractive, perhaps especially to those working in stem. I once had someone assert to me that the standard model of physics couldn't be true, because it wasn't elegant enough. You could say that was Dunning Kruger, but while they were working in SW, their PHD was in particle physics. Reality doesn't really care what we find elegant it seems. Still that tendency is no worse than pure socialists. Perhaps it is the same tendency even. Real solutions are messy compromises. Trying to refactor an old codebase I worked on taught me that as I added back hacks for all the corner cases a second time to my new elegant design.

If you want politics to be elegant, try Bhutan.

To sling autism as an insult is disgusting. Maybe you can do better.

Sure. Help me out by showing me how I did that.

Pure revisionism. Obama did not run on that promise, but he shut down the email metadata collection program before it was even leaked and limited and then shut down the phone metadata program after it had leaked. Snowden leaked details of compromised computer systems to China. That's not whistleblowing.

I didn’t start hearing your take, including the bit about “leaking to china,” in the mainstream zeitgeist until many years later.

He leaked an illegal program to the American people after the Supreme Court denied the ACLU a ruling on the classified program.

His leak resulted in a successful lawsuit against the government by the American people where the judges cited Orwell in their ruling.

Snowden was not the first Snowden, there are a handful of people who attempted to use official channels to blow the whistle on the program. Their careers were ruined and their lives destroyed. If Snowden had followed the official protocols to blow the whistle, we wouldn’t know his name today. He’d have lost everything for nothing and ended up working retail to make ends meet like his predecessors.

These are articles from the time referencing promises made and promises broken

https://www.whistleblowers.org/wp-content/uploads/2019/01/8....

https://www.theguardian.com/commentisfree/2012/sep/05/obama-...


Wasn’t this exact route taken? Government got cases dismissed for lack of standing - plaintiff could not prove they were being spied on… because the government wouldn’t reveal anything.

"We're going to sue you to make you stop" is exactly where you deploy the semilegal sound bite. You then use that as the public justification to stall, deny, countersue, delay, appeal, defend, depose and do everything you can to avoid a decision happening one way or the other until you've already gotten and done what you wanted to get and do.

That strategy relies on courts always being slow and expensive though. It often feels like it, but that's not a universal truth of the court system. If the damage is high enough, courts can fast-track cases. Judges can also issue injunctions before the delays start, and if the argument is too flimsy it can backfire on the defendant.

I'll concede that if whoever's being sued is going to rely on secret legal interpretations like the NSA/intelligence agencies did with the FISA court rulings, then it makes things a lot trickier.


>That strategy relies on courts always being slow and expensive though.

It doesn't rely on them being slow and expensive, it forces them to be slow and expensive, or to abrogate your rights as a litigant in such a way that any decision they make will be overturned on appeal (which drags out the process even further). Courts can issue injunctions, and those injunctions can be appealed, dragging things out further. If the damage is high enough courts can fast track cases but what do you do about the 99.99% of cases where the damage isn't high enough, and who gets to decide when it is? If this doesn't work why does it keep working?




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