At 01:09 PM 12/14/2002 -0500, you wrote:
On Thu, Dec 12, 2002 at 10:47:25AM -0800, Tim May wrote:
> Secret trials are on the rise. Inasmuch as the U.S. is now throwing its
> full weight behind secret evidence, secret prosecutions, secret trials,
> secret appeals courts, suspension of habeas corpus, detention of Evil
> Ones without charge at concentration camps in Cuba, suspension of the
> Fourth and Fifth and Sixth Amendments, and elevation to guilt by

I spoke recently with a former DOD lawyer now at a TLA. That lawyer
says that the current thinking is that if there is a "cyberattack"
from another nation, we are at a state of war and the Fourth Amendment
and other prohibitions on government interference with personal property
and liberty do not apply.*
Only if one believes that what Lincoln did during the war was Constitutional. I think Tim's approach should this come to pass is the only viable one.

What if the attacks continue to come from groups with no obvious nation-state sponsorship?

steve

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