Long Sunday

The web we're on

Tice says the technology exists to track and sort through every domestic and international phone call as they are switched through centers, such as one in New York, and to search for key words or phrases that a terrorist might use...
President Bush has admitted that he gave orders that allowed the NSA to eavesdrop on a small number of Americans without the usual requisite warrants.
But Tice [former NSA insider] disagrees. He says the number of Americans subject to eavesdropping by the NSA could be in the millions if the full range of secret NSA programs is used.  "That would mean for most Americans that if they conducted, or you know, placed an overseas communication, more than likely they were sucked into that vacuum," Tice said.

Today via The Volokh's, who also raise a few questions about the wisdom of that whole e-annoyance law thing from 50-odd posts ago:

This potentially criminalizes any anonymous speech on a Web site that's intended to annoy at least some readers, even if it's also intended to inform other readers.  This is true whether the poster is berating a government official, a religious figure, a company that he thinks provides bad service, an academic who he thinks is doing or saying something misguided, a sports figure who he thinks is misbehaving, or what have you; so long as he's trying to annoy any recipient (whether the target, if the poster thinks the target is reading the blog, or the target's partisans or fans).

How is this different from traditional telephone harassment law? The trouble is that the change extends traditional telephone harassment law from a basically one-to-one medium (phone calls) to include a one-to-many medium (Web sites).

This is a big change. One-to-one speech that's intended to annoy the one recipient is rarely of very much First Amendment value; people are just rarely persuaded or enlightened by speech that's intended to annoy them. It has some value (see item 3 below), but to the extent that it's in some measure deterred, the loss to public debate isn't that great — speakers are still free to speak to others besides the person they're trying to annoy.

But one-to-many speech that is intended to annoy one or a few readers, but intended and likely to enlighten or persuade many other readers, is potentially much more valuable.

Update:  Then again, maybe not such a  big deal you gullible little bloggers, you.  More blog-able items of this sort beneath the fold:

A Question of Ends?

"It is not legitimate to identify the ends of Fascism with the ends of Russian Communism.  The first represents the exaltation of the executioner by the executioner; the second, more dramatic in concept, the exaltation of the executioner by the victims.  The former never dreamed of liberating all men, but only of liberating a few by subjecting the rest.  The latter, in its most profound principle, aims at liberating all men by provisionally enslaving them all.  It must be granted the grandeur of its intentions."