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mens rea
Premium
join:2002-01-31
Canada
Reviews:
·Shaw

reply to rawwhide

Re: Computer Wiretapping Galore Starts Now

said by rawwhide:

said by mens rea:

More properly the objection here should be whether the FCC has exceeded its jurisdiction as contemplated by CALEA, which will no doubt arise as an issue when evidence obtained under CALEA is brought before the Courts.
Do you know for certain when you click on a link that you will be going to the destination for which is described? No. That information/evidence is totally circumstantial and has no relevance on your case so you would think. I bet the prosecutor will use that as evidence toward your guilt.

Dont goto the Redroom else your political enemies will know you were working with the opposition.
Circumstantial evidence in criminal cases, is comprised of facts which constitute the necessary strands in a rope or links in a chain which allow for the reasonable inference of guilt, by the trier of fact. Those facts must support an inference of guilt being fairly and reasonably drawn, and must exclude beyond a reasonable doubt any other reasonable hypothesis of innocence.

So a single random act, as you have set out in your example, without the other necessary evidentiary strands or links, which constitute proof in a circumstantial case, is no more than what it appears, a matter of inadvertence and proof of nothing. CALEA does nothing to alter evidentiary burdens.

What may be objectionable is that the FCC by virtue of the expansion of its definition of telecommunications carriers to include broadband services, may have simultaneously rendered the information services exclusion of the statute meaningless. It is arguable that the FCC does not have the jurisdiction to do by the back door what it could not legally do by the front, that is modify a statute.


batterup
I Can Not Tell A Lie.
Premium
join:2003-02-06
Netcong, NJ
Reviews:
·Verizon Online DSL

said by mens rea:

Circumstantial evidence in criminal cases, is comprised of facts which constitute the necessary strands in a rope or links in a chain which allow for the reasonable inference of guilt, by the trier of fact.

The only rope or chain you will get is the one around your neck as you are being water boarded after rendition. We have ways to make you talk.

jp10558
Premium
join:2005-06-24
Willseyville, NY

reply to FiOS Dan

said by FiOS Dan:

said by batterup:

Do you want the government telling your life insurance company you looked up information about depression and suicide?
Now, pray tell, why would the government want to do that? Is there no end to these far-fetched FUD scenarios?
I don't know, why would AT&T hand over all data going through their central office to the NSA without any legal standing? Maybe because they want a carrot to get the company/industry to do something? Maybe because government worker wants a "promotion" after retiring from govt service? Maybe the respective bosses play golf together?
--
Opera 9.21(Build 8776); Windows XP Pro SP2;Athlon 64 X2 4600+; 2.5GB PC3200 DDR; 1M/128k DSL; NOD32(Version 2.5.25); Outpost Pro 3;Proxomitron 4.5j Grypen 5/23/07(Opera mod),GPG ID:0x0A1C6EE3


spy1
Welcome to Amerika
Premium
join:2002-06-24
Charlotte, NC

Notice how smoothly that take-over of merger with BellSouth went for AT&T?

No worries about a monopoly there, nosiree (not when they roll over on subscriber's info and traffic at the slightest sign of interest by the government).

Yes, being the world's largest corporate rat-fink seems to pay generous dividends for good old AT&T. Pete



caffeinator
Coming soon to a cup near you..
Premium
join:2005-01-16
WA, USA
kudos:3
Reviews:
·CenturyLink

Yeah, and boy, AT&T sure has a lot of fingers in the network pie...check this trace to DSLR:

--- 05/31/07 13:28:23 Pacific Daylight Time
--- looking up host dslreports.com
--- traceroute to dslreports.com [209.123.109.175],
30 hops max, 18 byte packets

1 [ 192.168.0.1] 192.168.0.1 0 ms
2 [ 66.45.176.66] 66-45-176-66.ptr.llix.net 100 ms
3 [ 66.45.176.65] 66-45-176-65.ptr.llix.net 70 ms
4 [ 65.61.96.51] 65.61.96.51 70 ms
5 [ 65.61.96.9] br1-ge-1-0.spkn.llix.net 90 ms
6 [ 12.119.199.45] 12.119.199.45 90 ms
7 [ 12.127.6.46] 12.127.6.46 200 ms
8 [ 12.122.10.61] tbr2.cgcil.ip.att.net 190 ms
9 [ 12.122.10.169] 12.122.10.169 190 ms
10 [ 12.122.1.189] cr1.n54ny.ip.att.net 201 ms
11 [ 12.127.0.74] br2.n54ny.ip.att.net 210 ms
12 [ 12.122.84.41] 12.122.84.41 150 ms
13 [ 12.119.140.26] att-gige.esd1.nwr.nac.net 170 ms
14 [ 209.123.11.189] 3.ge-3-0-0.gbr2.nwr.nac.net 180 ms
15 [ 209.123.11.233] 0.so-0-3-0.gbr1.oct.nac.net 251 ms
16 [209.123.109.175] www.dslreports.com 181 ms

--- traceroute statistics for dslreports.com
16 packets transmitted, 16 received
round-trip time (ms) min 0, avg 146, max 251

Just because you aren't an AT&T customer..dosen't mean your traffic isn't going through their routers.

Fun.

-CaFF
--
"Only two things are infinite, the universe and human stupidity, and I'm not sure about the former." - A. Einstein



heels_fan
1.20.09 The start of Socialism
Premium
join:2003-02-07
Columbia, TN
kudos:1

reply to spy1

said by spy1:

Notice how smoothly that take-over of merger with BellSouth went for AT&T?

No worries about a monopoly there, nosiree (not when they roll over on subscriber's info and traffic at the slightest sign of interest by the government).

Yes, being the world's largest corporate rat-fink seems to pay generous dividends for good old AT&T. Pete
You really think the merger went smooth?

I suggest you do a little research.
--
Take your hatred of our Government out of the Technical Forums!


heels_fan
1.20.09 The start of Socialism
Premium
join:2003-02-07
Columbia, TN
kudos:1

reply to caffeinator

said by caffeinator:

Yeah, and boy, AT&T sure has a lot of fingers in the network pie...check this trace to DSLR:

--- 05/31/07 13:28:23 Pacific Daylight Time
--- looking up host dslreports.com
--- traceroute to dslreports.com [209.123.109.175],
30 hops max, 18 byte packets

1 [ 192.168.0.1] 192.168.0.1 0 ms
2 [ 66.45.176.66] 66-45-176-66.ptr.llix.net 100 ms
3 [ 66.45.176.65] 66-45-176-65.ptr.llix.net 70 ms
4 [ 65.61.96.51] 65.61.96.51 70 ms
5 [ 65.61.96.9] br1-ge-1-0.spkn.llix.net 90 ms
6 [ 12.119.199.45] 12.119.199.45 90 ms
7 [ 12.127.6.46] 12.127.6.46 200 ms
8 [ 12.122.10.61] tbr2.cgcil.ip.att.net 190 ms
9 [ 12.122.10.169] 12.122.10.169 190 ms
10 [ 12.122.1.189] cr1.n54ny.ip.att.net 201 ms
11 [ 12.127.0.74] br2.n54ny.ip.att.net 210 ms
12 [ 12.122.84.41] 12.122.84.41 150 ms
13 [ 12.119.140.26] att-gige.esd1.nwr.nac.net 170 ms
14 [ 209.123.11.189] 3.ge-3-0-0.gbr2.nwr.nac.net 180 ms
15 [ 209.123.11.233] 0.so-0-3-0.gbr1.oct.nac.net 251 ms
16 [209.123.109.175] www.dslreports.com 181 ms

--- traceroute statistics for dslreports.com
16 packets transmitted, 16 received
round-trip time (ms) min 0, avg 146, max 251

Just because you aren't an AT&T customer..dosen't mean your traffic isn't going through their routers.

Fun.

-CaFF
You do know that ATT is a primary internet backbone provider?
As is QWEST and Sprint and many others.

So, even though you are not an ATT customer more chances than none that you will hit a ATT cross-connect somewhere along the line.
It does not mean that ATT has "its fingers" in the network pie.
--
Take your hatred of our Government out of the Technical Forums!


caffeinator
Coming soon to a cup near you..
Premium
join:2005-01-16
WA, USA
kudos:3
Reviews:
·CenturyLink

said by heels_fan:

You do know that ATT is a primary internet backbone provider?
As is QWEST and Sprint and many others.

So, even though you are not an ATT customer more chances than none that you will hit a ATT cross-connect somewhere along the line.
It does not mean that ATT has "its fingers" in the network pie.
That's exactly what I meant.

If AT&T is indeed tapping, then it's getting the majority of traffic in the country whether you like it or not. And no matter the provider you might have.

I just used the trace to DSLR as an example.

-CaFF
--
"Only two things are infinite, the universe and human stupidity, and I'm not sure about the former." - A. Einstein
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