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The state as an institution is the final arbiter in judgments against itself. So it often surprises me that folks think they can achieve any kind of success aga
by vijayboyapati 13y ago
The state as an institution is the final arbiter in judgments against itself. So it often surprises me that folks think they can achieve any kind of success against the state by litigating in this way. The grade school civics class that Americans are taught as children that there are separate branches of government competing with each other and keeping each other in check is an incredible caricature of what actually happens. These "branches" of government are all part of the same institution - the state - and the only competing they do is which of them can arrogate as much power to themselves as possible at the expense of the population, not at the expense of each other.
- gilrain 13y agoYou're probably right to be skeptical, but the hope is that the hunger to power and greed will in part help us out here. Very simplistically, the power of the judicial branch of government is diminished by the executive branch flaunting their control. Hopefully they will want to recover some of that power by reigning in the executive branch. However, of course, if all the branches are benefiting too much from the military-industrial complex, then the system could easily fall apart.
- declan 13y agoVijay is, as usual, correct. It's typically better to rely on mathematics than the law to protect privacy. But I would add one thing, and that is that court decisions can be influenced by public opinion. And if public opinion turns significantly against the NSA by the time this is up before the 9th Circuit or the Supremes, this will prove a worthwhile exercise for EFF et al.