Jihadist blog

[Steven Jamar]

We are at a state of war with Bush as President, Cheney as VP, Rummie  
as Secty of Defense, and Gonzales as AG.

And with a republican Congress.

Since not all of these things are still the case, perhaps we can hope  
to see some changes.

On Oct 20, 2007, at 6:19 PM, guayiya wrote:

> Now, suppose I am an academic without government ties or security  
> clearances.  I want to investigate what government agencies are  
> doing to monitor dangerous websites like these. Or, can Congress  
> monitor this activity?
> If the answer to both questions is no--where are we?
> Daniel hoffman
> Rosenthal, Lawrence wrote:
>
>> If all the government did were monitor and surveill, without  
>> disclosing what it was doing, I do not think anyone would have  
>> standing to challenge the investigation under Laird v. Tatum, 408  
>> U.S. 1 (1972).  The Sixth Circuit's holding that the plaintiffs  
>> lacked standing to challenge the NSA's warrantless wiretapping  
>> program is an example of this principle.  Even if the subjects  
>> learned of the surveillance, I doubt that the "chilling effect" of  
>> knowing that monitoring and surveillance was afoot would be  
>> sufficient to amount to a violation of the First or Fourteenth  
>> Amendments.  Visitors to blogs are not promised that no one will  
>> monitor or surveill their visits; given the technology at issue,  
>> such a promise could not be kept.  Therefore, I do not think there  
>> could be any kind of constitutional right to privacy under the  
>> First, Fourth, or Fourteenth Amendments at stake here, just as the  
>> Bank Secrecy Act was not thought to erect a constitutional right  
>> to privacy requiring a warrant before otherwise private bank  
>> records can be obtained by subpoena.  See United States v. Miller,  
>> 425 U.S. 435 (1976).
>> Larry Rosenthal
>> Chapman University School of Law

-- 
Prof. Steven D. Jamar                               vox:  202-806-8017
Howard University School of Law                     fax:  202-806-8567
2900 Van Ness Street NW                   mailto:stevenjamar at gmail.com
Washington, DC  20008								 http://iipsj.com/SDJ/

"Whenever you find yourself on the side of the majority, it is time  
to pause and reflect."

Mark Twain


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