From: Samantha Atkins (samantha@objectent.com)
Date: Fri Aug 23 2002 - 23:56:18 MDT
Greg Burch wrote:
> A quick note from this morning's news on this thread:
>
> "Special Court Rejects Ashcroft Rules"
>
> http://www.washingtonpost.com/wp-dyn/articles/A50967-2002Aug22.html
>
> "WASHINGTON -- A special court that oversees sensitive law enforcement
> surveillance forced Attorney General John Ashcroft to change his
> guidelines for FBI terrorism searches and wiretaps, according to
> documents released Thursday."
>
> The legal process almost always works on a different pace than that of
> the news media's "24-hour news cycles" and the executive and legislative
> branches reaction to events. It's not even a year since 911. Major
> legal issues usually take much longer to work their way through the many
> feedback mechanisms of the over-all constitutional legal system in the
> "anglosphere". Two to ten years is a more realistic time period to look
> at for the development of constitutional legal issues. Therefore, I
> think much of the alarm regarding encroachments on civil liberties may
> ultimately be premature. Until the courts have had their final say, we
> really won't know what the constitutional impact of the reaction to 911
> is.
The alarm is not only not "premature", it is essential to real
threats to our freedom being headed off before enough momentum
is gathered to be truly devasting. It is also essential to such
issues come up in courts this quickly. Remember, all manner of
processing, even to some degree concerning constituitonal
issues, speed up as we go toward Singularity.
>
> This delay can be painful for the individuals involved and is often not
> understood by folks outside the legal system and, especially, by those
> who don't live in countries that trace their political culture back to
> England. But the truth is that we can't know what the ultimate impact
> is until all of these mechanisms have had a chance to operate.
>
The delay can be utterly fatal for the individuals involved. If
they come to my house and go through my property and carry me
away without any formal charges then I guess I know the
"ultimate impact" much better than even the highest court.
Wouldn't you agree?
- samantha
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