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InvisibleAnnapurna1
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super spy satellites ..forget all about wiretapping...
    #7300197 - 08/16/07 07:12 AM (15 years, 7 months ago)

http://www.washingtonpost.com/wp-dyn/content/article/2007/08/15/AR2007081502430.html

Quote:

The Bush administration has approved a plan to expand domestic access to some of the most powerful tools of 21st-century spycraft, giving law enforcement officials and others the ability to view data obtained from satellite and aircraft sensors that can see through cloud cover and even penetrate buildings and underground bunkers.




and unlike warrantless wiretapping..this technology cannot be circumvented.. not even in a concrete bunker...and unlike warrantless wiretapping..it has not been upheld in any court..but quite the opposite...to wit..the SCOTUS has found that the use of any technology that can "see" inside a structure necessarily constitutes an unreasonable search under the 4th amendment ((kyllo v US(2001))...

however..the SCOTUS has note traditionally afforded vehicles and non-residential structures the same level of protection as private residences under kyllo...as things stand now..the SCOTUS has found that a vehicle search is reasonable if it only reveals the presence of contraband (illinois v caballes(2005)).. but that police cannot randomly stop a vehicle to conduct a drug search (indianapolis v edmond(2000))...while satellite surveillance inside a closed vehicle is not as directly intrusive as a random stop..it can still reveal information other than the presence of contraband without a probable cause...but try telling that to the gang of five...

the topic of this thread is to discuss these kinds of legal issues...your comments will be appreciated...


Edited by Annapurna1 (08/16/07 02:04 PM)


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OfflineDr_T
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Re: super spy satellites ..forget all about wiretapping... [Re: Annapurna1]
    #7300225 - 08/16/07 07:34 AM (15 years, 7 months ago)

'See through walls' is not what is happening here. They are talking about ground-penetrating radar or something similar. Like if you had an underground dungeon- not to see whether you are growing mushrooms in your closet. As for pot, spy satellites aren't as useful as helicopters, the country is too big.

In other words, you can take off the tinfoil hat- but keep it handy.


--------------------
Roger Rabbit said: Growing mushrooms is part art, and part science, but it's not magic.


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Offlinewilshire
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Re: super spy satellites ..forget all about wiretapping... [Re: Annapurna1]
    #7301274 - 08/16/07 02:15 PM (15 years, 7 months ago)

i can't imagine that technology that can do this exists, but if it did, i'd predict that it would be subject to the same policies that govern snooping with infrared cameras.


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InvisibleAnnapurna1
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Re: super spy satellites ..forget all about wiretapping... [Re: Dr_T]
    #7301277 - 08/16/07 02:16 PM (15 years, 7 months ago)

Quote:

Dr_T said:
'See through walls' is not what is happening here. They are talking about ground-penetrating radar or something similar. Like if you had an underground dungeon- not to see whether you are growing mushrooms in your closet. As for pot, spy satellites aren't as useful as helicopters, the country is too big.

In other words, you can take off the tinfoil hat- but keep it handy.




actually..the case of growing mushrooms in your closet falls under kyllo...

"see through walls" is very obviously metaphorical (and i have edited that out of the original post)...but it doesnt matter what kind of technology is being used..be it IR or ground-penetrating radar.. what does matter is that it can accrue information inside a structure that would not be available to a visible-spectrum-only spy satellite...

and BTW..if these things can see through a concrete bunker..they can prolly see through a tinfoil hat too...whether they can see through a tinfoil hat under a concrete bunker is a topic for another thread...


--------------------


"anchor blocks counteract the process of pontiprobation..while omalean globes regulize the pressure"...


Edited by Annapurna1 (08/16/07 02:30 PM)


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InvisibleAnnapurna1
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Re: super spy satellites ..forget all about wiretapping... [Re: wilshire]
    #7301302 - 08/16/07 02:29 PM (15 years, 7 months ago)

Quote:

wilshire said:
i can't imagine that technology that can do this exists, but if it did, i'd predict that it would be subject to the same policies that govern snooping with infrared cameras.




that policy is the kyllo decision.. which found it to be illegal..at least wrt private residences...questions still remain wrt vehicles and non-residential structures...and even in a public place it might still not meet the "plain view" criterion...


--------------------


"anchor blocks counteract the process of pontiprobation..while omalean globes regulize the pressure"...


Edited by Annapurna1 (08/16/07 06:24 PM)


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OfflineDr_T
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Re: super spy satellites ..forget all about wiretapping... [Re: Annapurna1]
    #7301447 - 08/16/07 03:16 PM (15 years, 7 months ago)

As I read Kyllo, the police were looking at the outside of the home (though with exotic equipment).

If they were using something like sonar that showed the inside, that would be considered a 'search' by the courts. But just looking at the outside, from a public place? Should probably be legal.


--------------------
Roger Rabbit said: Growing mushrooms is part art, and part science, but it's not magic.


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InvisibleAnnapurna1
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Re: super spy satellites ..forget all about wiretapping... [Re: Dr_T]
    #7301937 - 08/16/07 06:24 PM (15 years, 7 months ago)

incorrect...in kyllo..the police were using IR imaging that showed the inside of the house through the walls from the outside..which the SCOTUS found to be an unreasonable search under the 4th amendment...these satellites are no different (except for the specific technology)...as such.. their use also constitutes an unreasonable search as per kyllo...

OTOH..a visible-only satellite (which cannot see through a roof) clearly does not violate the 4th amendment..but the satellites in question can see through a roof...


--------------------


"anchor blocks counteract the process of pontiprobation..while omalean globes regulize the pressure"...


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