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1 researchok  Thu, Dec 6, 2012 8:45:40am

Popcorn time.

2 Dark_Falcon  Thu, Dec 6, 2012 9:25:35am

If the 9th Circuit is letting the decision stand. the odds are quite good that the Supreme Court will as well. It might not even be close, since I could see Sotomayor siding with the government in this matter.

My Bet: SCOTUS will uphold the decision 6-3.

3 Political Atheist  Thu, Dec 6, 2012 9:31:15am

This is very real flaw in the current administrations policy. I find it hard to believe that rolling back some of the more controversial policies would put us at much more risk than we already have. It's not like terror can surrender and sign a cease fire. This becomes a motive to perpetuate the terror war. Admit it's done and you have no good reason to keep policies like this.

But getting an agency to drop overwhelmingly powerful tools like that rarely happens by administrative action. Too many have a stake.

Please understand I have this concern for this administration and the next and so on.

4 Dark_Falcon  Thu, Dec 6, 2012 12:49:05pm

re: #3 Political Atheist

This is very real flaw in the current administrations policy. I find it hard to believe that rolling back some of the more controversial policies would put us at much more risk than we already have. It's not like terror can surrender and sign a cease fire. This becomes a motive to perpetuate the terror war. Admit it's done and you have no good reason to keep policies like this.

But getting an agency to drop overwhelmingly powerful tools like that rarely happens by administrative action. Too many have a stake.

Please understand I have this concern for this administration and the next and so on.

I understand. I would however, note that much of the issue is about lawsuits filed against telecom providers that went along with the Bush administration's policies in good faith in a time of national emergency. To expose them to liability now would have a disastrous impact on their future cooperation with law enforcement. Firms would stop sitting on joint industry-government councils, they'd start running even urgent requests past their lawyers, and they'd stop cooperating with law enforcement beyond the statutorily required minimum. That's too high a price to pay in my opinion.


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