[HN Gopher] Victory at the High Court against the government's u...
       ___________________________________________________________________
        
       Victory at the High Court against the government's use of 'general
       warrants'
        
       Author : mpweiher
       Score  : 244 points
       Date   : 2021-01-08 13:09 UTC (9 hours ago)
        
 (HTM) web link (privacyinternational.org)
 (TXT) w3m dump (privacyinternational.org)
        
       | noodlesUK wrote:
       | Surely we don't actually use general warrants in the UK as legal
       | justification for all the shit that we surveil? Does RIPA not
       | give a huge statutory list of what can be done (pretty much
       | everything is fair game)?
        
         | pmyteh wrote:
         | This was a case about hacking, rather than surveillance. That's
         | not authorised by RIPA, but under earlier 1994 legislation, and
         | needs a specific warrant from the Secretary of State.
        
       | arethuza wrote:
       | Nitpick: I believe it is the High Court of England and Wales, not
       | the High Court of the UK. The High Court in Scotland is the top
       | level criminal court with the equivalent to the High Court of
       | England and Wales being the Court of Session...
        
         | lawtalkinghuman wrote:
         | This is correct, though I suspect the UK government aren't
         | going to try and disobey the ruling just in Scotland.
        
           | that_guy_iain wrote:
           | I would assume they'll appeal and go to Supreme Court then
           | the ruling would apply everywhere in the UK. But even then
           | GCHQ is in England wouldn't their actions fall under English
           | law?
        
       | mtgx wrote:
       | This is kind of hilarious, considering one of the top (public)
       | reasons why David Cameron and Theresa May have been supporting
       | Brexit is so that UK no longer has to abide by the EU Charter of
       | Fundamental Rights, because the top EU court has slapped down the
       | UK's mass surveillance regime a couple of times.
        
         | [deleted]
        
         | SEMW wrote:
         | That was the European Court of Human Rights. It's not a 'top EU
         | court', or an EU court of any sort. It's a body of the Council
         | of Europe, which is an entirely different institution (with a
         | much larger international membership than the EU). It enforces
         | the European Convention on Human Rights.
         | 
         | (the EU does requires members to be CoE members, and so there
         | were some people suggesting that after leaving the EU the UK
         | might also leave the CoE - possibly including theresa may, I
         | haven't checked - but that doesn't currently seem likely to
         | happen)
         | 
         | The EU Charter of Fundamental Rights is definitely a thing -
         | basically a copy of the ECHR into EU law - but it's only
         | applicable (1) to actions of EU institutions, (2) as a
         | restriction on EU legistation, and (3) as an obligation on
         | member states _when interpreting / implementing EU law_. It has
         | no relevance to UK law other than that. (And what little
         | relevance it would have had to the UK was further weakened
         | since they had a partial opt-out to it that tried to get rid of
         | the last of those for the UK!).
         | 
         | The cases about UK surveillance legislation (eg [0]) were all
         | ECtHR, not CJEU.
         | 
         | [0]
         | https://hudoc.echr.coe.int/app/conversion/pdf/?library=ECHR&...
        
       | LatteLazy wrote:
       | It's worth noting that unlawfully (illegally) collected evidence
       | is still admissible in UK courts (with exceptions). So this
       | ruling may make little real difference...
        
       | simonh wrote:
       | The courts are basically saying ok, fine, you can have a general
       | warrant, however the legislation would have to specifically
       | authorise the scope of the warrant. But the whole point of
       | general warrants is to not have to specify the scope.
       | 
       | That basically makes general warrants worthless, because it seems
       | like you'd have to anticipate the specific details needed in the
       | warrant and put that in the law authorising the warrant. In
       | practice that probably means specific details like the names of
       | the people, places and property subject to the warrant. Clearly
       | that's not practical to put in law, but how else do you ensure
       | that a general warrant applies in any specific case? It's a
       | subtle but beautiful Judicial FU.
        
       | andybak wrote:
       | For country specific things (US included) can we put the country
       | in the post title? I guessed this was UK but many people won't.
        
       | GordonS wrote:
       | Is anyone aware of an authoritative source detailing specific
       | instances of where "general warrants" have been misused, and how?
       | 
       | I know in general about what came out after Snowden of course,
       | I'm just interested to learn more about specifics relating to
       | these warrants.
        
         | mmhsieh wrote:
         | This goes back farther than you are likely asking for, but
         | general warrants were called out in the U.S. bill of rights and
         | were alluded to in the declaration of independence because the
         | British crown had been using them to investigate smugglers and
         | tax dodgers, especially in the northeastern American colonies.
        
         | LatteLazy wrote:
         | The bulk collection by intelligence agencies of phone and
         | Internet data is the biggest example of a general warrant.
         | There are more specific examples like when police demand the ID
         | of everyone who's cell phone providers place them at a protest
         | (aka GeoFences) or the details of everyone who searched for
         | certain terms.
        
         | hedora wrote:
         | This is a start:
         | 
         | https://www.eff.org/issues/privacy
        
         | boomboomsubban wrote:
         | Imagine a murder happened. A judge issues you a general warrant
         | to search for anything suspected as evidence regarding the
         | case. You now can now search anyone anywhere.
        
       | unanswered wrote:
       | So it appears that as of now, general warrants are disallowed in
       | the UK and (in practice) permitted in the US. America's founding
       | fathers are spinning in their graves.
        
         | DamnYuppie wrote:
         | The foundering fathers did their part. We as the inheritors
         | have failed miserably in holding onto the freedoms that were
         | gifted to us.
        
           | willcipriano wrote:
           | Thomas Jefferson said it best:
           | 
           | "The question Whether one generation of men has a right to
           | bind another, seems never to have been started either on this
           | or our side of the water... (But) between society and
           | society, or generation and generation there is no municipal
           | obligation, no umpire but the law of nature. We seem not to
           | have perceived that, by the law of nature, one generation is
           | to another as one independant nation to another... On similar
           | ground it may be proved that no society can make a perpetual
           | constitution, or even a perpetual law. The earth belongs
           | always to the living generation... Every constitution, then,
           | and every law, naturally expires at the end of 19. years. If
           | it be enforced longer, it is an act of force and not of
           | right."
        
             | [deleted]
        
             | AnthonyMouse wrote:
             | The other side of this is Chesterton's Fence:
             | 
             | https://en.wikipedia.org/wiki/G._K._Chesterton#Chesterton's
             | _...
             | 
             | If your forefathers were willing to die for something,
             | better fully understand why before you try to get rid of
             | it.
        
               | willcipriano wrote:
               | From a Chesterton's Fence perspective think about the
               | ability of the people to hold a amendatory convention.
               | 
               | If you don't know, a amendatory convention can be
               | achieved by having two thirds of the state legislatures
               | vote for one. If that happens then you must get a two
               | thirds majority of states to agree on the proposal
               | presented and it becomes a constitutional amendment.
               | Entirely side stepping the federal government.
               | 
               | This power hasn't been used in a very long time, and from
               | my readings of Washington and Jefferson they intended us
               | to use it. Perhaps this is a corollary to Chesterton's
               | Fence, call it Chesterton's Button rephrased less
               | elegantly than he or you put it: "If your forefathers
               | were willing to die to give you the ability to do
               | something, you should question if that ability has not
               | used in a very long time."
        
               | jkaplowitz wrote:
               | > If you don't know, a amendatory convention can be
               | achieved by having two thirds of the state legislatures
               | vote for one. If that happens then you must get a two
               | thirds majority of states to agree on the proposal
               | presented and it becomes a constitutional amendment.
               | 
               | The required majority to approve the output of the
               | convention is 3/4 of the states, not the same 2/3 as to
               | call the convention in the first place.
               | 
               | > Entirely side stepping the federal government.
               | 
               | The entity that is required to call the convention once
               | 2/3 of the states have requested it is the federal
               | Congress, so they are not entirely side stepped. But, it
               | is true that they are not allowed to refuse to call the
               | convention in this situation. There is nothing in the
               | Constitution, any federal statute, or any court ruling
               | that addresses what happens if Congress doess not do so.
               | 
               | > This power hasn't been used in a very long time
               | 
               | It's never been used successfully, although it's been
               | attempted at least once by every state except Hawaii.
               | (Some attempts were indirectly successful in achieving
               | their goal, by spurring Congress to propose the desired
               | amendments.)
        
             | PoachedSausage wrote:
             | That might have been true in Jefferson's day, lifespans
             | were shorter. Now most western democracies are effectively
             | gerontocracies, the young are bound to the wishes of the
             | old. See Brexit.
        
               | function_seven wrote:
               | Lifespans weren't that much shorter in his day (provided
               | you made it to 5 years old).
               | 
               | He's not describing something that is "true" or not, but
               | rather what ought to be. I think it's just as relevant
               | today as when he wrote that.
        
               | PoachedSausage wrote:
               | I agree that it ought to be that way, however those with
               | power tend to want to hang on to it. How do you solve it?
               | The US has a term limit for the President, but you can
               | stay in Congress/Senate/Parliament for life if re-
               | elected.
        
               | [deleted]
        
               | Melting_Harps wrote:
               | > but you can stay in Congress/Senate/Parliament for life
               | if re-elected.
               | 
               | It gets even worse when you look at the actual approval
               | ratings and re-election numbers, this a system created to
               | serve career politicians and nothing more. When you see
               | the approval rating is in the lows 30s, abut approval
               | rates are in the 90s, something is definitely wrong as in
               | need of a massive correction.
               | 
               | Andrew Yang found this out the hard way and his lobbying
               | efforts in Washington to help get the 2nd stimulus checks
               | approved can be pretty much summed up as congress was
               | oblivious that the People needed further financial
               | assistance. That is how far detached they are from
               | reality, I think this recent stunt pulled in the capital
               | by blind ideologues served as a warning to how fast
               | things can devolve.
               | 
               | The US experiment showed great promise and had amazing
               | prospects for a desirable model that Human Civilization
               | could aspire and achieve, but much like its predecessor
               | (Rome) it too decayed into oblivion due to the inherit
               | and predictable fact that power corrupts. Human's cannot
               | to be trusted with such power and to believe otherwise is
               | to fall back on to this absurd notion of a chiefton caste
               | system, that really on serves the upper tier of Society
               | and creates a poorly incentivized system that ensures by
               | the time you're even a possible candidate you're already
               | so marred by the corruption you're just as bad as you
               | what you wanted to change.
               | 
               | I really do want things to get better, not just in the
               | US, but on the entire Earth as we have such a limited
               | window of opportunity to live up to our potential as
               | Species; but so long as we abide by these whimsical make-
               | believe popularity contests--with people we frankly
               | couldn't or wouldn't leave our pets under even the most
               | dire circumstance--who then in turn act as the arbiters
               | of everything aspect in Life that matters and use the
               | pubic purse for personal largess we will always succumb
               | to the same result.
               | 
               | Software engineers at FAANG really should be working on a
               | protocol of governance that automates all the decision
               | making congress could and would do with it's priority on
               | rolling out a proper beta in the next 5 years, that could
               | actually be suitable challenge for them to redeem their
               | squandering talents and skills instead building this
               | horrible panopitcon.
               | 
               | Remember, those rabid Q-anon/conspiracy guys are just as
               | much your fault as they are Trumps/Fox news when you look
               | at what most of you people do everyday. And it isn't
               | until they do something as stupid as they did this week
               | that it becomes obvious to those who did it.
               | 
               | But, hey: it's just money, right?
        
               | tsimionescu wrote:
               | > Software engineers at FAANG really should be working on
               | a protocol of governance that automates all the decision
               | making congress could and would do
               | 
               | Technocracy is much worse than even representative
               | democracy. We could barely even imagine the horrors that
               | would come from being subject to laws generated by rigid
               | computers.
        
           | [deleted]
        
           | [deleted]
        
           | willmw101 wrote:
           | It's almost as if becoming a superpower corrupts nations
        
       | yuriko wrote:
       | Judgment text:
       | https://www.bailii.org/ew/cases/EWHC/Admin/2021/27.html
        
       | jojobas wrote:
       | In a system where the government is essentially the majority of
       | the parliament, a law to reinstate the previous practice will be
       | passed pretty soon.
        
         | tialaramex wrote:
         | There's a difference between having the majority in Parliament
         | (which is generally necessary in order to govern) and being
         | able to muster that majority to vote on some specific matter of
         | interest to the general public. Johnson has a large majority
         | but they don't just answer to him, they answer first and
         | foremost to their constituents, and their constituencies are
         | not Gerrymandered to a tortuous degree so as to make only party
         | loyalty relevant.
        
         | nicky0 wrote:
         | Not necessarily. Whilst the Priti Patel strain of "law and
         | order first" MP is certainly there, a lot of Tory MPs are quite
         | hot on civil liberties and this is the kind of issue they tend
         | to rebel on.
        
           | jojobas wrote:
           | If they are so hot on the issue, why did they allow this to
           | happen before this ruling?
        
             | nicky0 wrote:
             | Because it was happening as a matter of common law. It
             | hasn't (yet) been up for debate as a specific question
             | before parliament.
        
           | PoachedSausage wrote:
           | The kind of civil liberties they like are the rather limited
           | kind, or only for the right kind of people (their voters).
           | During the debate on the November lockdown, the word
           | 'arbitrary' was used a lot, yet they are quiet on the
           | arbitrary nature of the classification of Cannabis, no civil
           | liberties for users of Cannabis (wrong kind of people).
        
             | tomatocracy wrote:
             | Actually there are a fair few Tories in favour of
             | legalisation of cannabis. Crispin Blunt and Peter Lilley
             | spring to mind as having been relatively forthright on this
             | but quite a few quietly hold these views.
        
             | Veen wrote:
             | Are you implying that cannabis users exclusively vote
             | Labour? I suppose that explains Jeremy Corbyn.
        
               | PoachedSausage wrote:
               | No, not a specific political difference, more of a
               | differnce of socio-economic/age/class/possibly even race.
               | As we saw at the last election Corbyn wasn't that popular
               | with some traditional Labour voters.
               | 
               | Perhaps we will see some changes now that we are getting
               | stories of Hard Working Families (TM) having to spend
               | large sums of money to buy Cannabis based medications for
               | their children.
        
             | nicky0 wrote:
             | I was thinking people like Steve Baker (who as it happens
             | is also a member of the All-Party Parliamentary Group for
             | Drug Policy Reform - you might like him!)
        
         | goodcanadian wrote:
         | The High Court has ruled it is unconstitutional[0]. It cannot
         | simply be overruled by an act of parliament.
         | 
         | [0]Edit: There seem to be objections to my use of the term
         | "unconstitutional." They have ruled it as against common law:
         | 
         |  _"The aversion to general warrants is one of the basic
         | principles on which the law of the United Kingdom is founded.
         | As such, it may not be overridden by statute unless the wording
         | of the statute makes clear that Parliament intended to do so."_
         | 
         | These sort of "basic principles" are often referred to as the
         | British constitution or constitutional principles, so I believe
         | my choice of term is correct even if there is no single written
         | document called the "constitution." As to the question of
         | whether parliament can overrule it, perhaps, technically, yes,
         | but I find it very difficult to come up with a scenario that
         | would successfully meet the objections in the ruling.
        
           | Veen wrote:
           | > It cannot simply be overruled by an act of parliament
           | 
           | Yes it can. Parliament is sovereign: it can overrule anything
           | it likes with legislation. There is no higher authority than
           | parliament in the UK, not even the Supreme Court.
           | 
           | Also, the High Court didn't rule it unconsitutional, it ruled
           | it contrary to common law. The UK is not the US.
           | 
           | The executive (Cabinet etc) cannot simply ignore the ruling,
           | but they might be able to get legislation through Parliament
           | to explicitly allow general warrants.
           | 
           | https://www.bailii.org/ew/cases/EWHC/Admin/2021/27.html
           | 
           | > That principle means that the courts will, when
           | interpreting the provisions of a statute, presume that
           | Parliament did not intend to legislate in a manner which
           | overrides fundamental common law rights. The common law has
           | an aversion to general warrants that leave significant
           | matters of judgment and discretion to the person executing
           | the warrant rather than to the person legally or
           | constitutionally responsible for issuing it.
           | 
           | > In view of the importance of the constitutional principle
           | that there can be no interference with property without clear
           | and specific legal authorisation, the words of an enactment
           | must be unambiguous before the court may interpret Parliament
           | as intending to override rights. There are no such
           | unambiguous words in section 5. The national security context
           | makes no difference as otherwise the courts would sanction
           | wide powers to override fundamental rights.
        
             | pmyteh wrote:
             | This is absolutely true in theory, but in practice
             | Parliament can find it... a little difficult to legislate
             | so as to overrule some exercises of judicial power. This
             | case touches on one of them: the Act establishing the
             | Investigatory Powers Tribunal contains an ouster clause
             | which is expressed as preventing any of its decisions being
             | appealed or questioned in another court (subject to
             | exceptions which don't apply here). And yet, here is the
             | High Court hearing a judicial review of one of the IPT's
             | decisions.
             | 
             | The courts don't like these jurisdiction-stripping ouster
             | clauses, for good reasons - if someone can't be reviewed,
             | what is to stop then committing abuses under colour of law?
             | In _Anisminic_ (1969) the House of Lords ruled that an
             | ouster clause didn 't actually apply in a given case, and
             | that decision has been followed and expanded in various
             | cases to this day. Including in this case - today's
             | judgment was given after the Supreme Court ruled the IPT
             | ouster was ineffective for similar reasons.
             | 
             | I'm not aware of any copper-bottomed legislative wording
             | that has been accepted to show that Parliament _really
             | does_ intend to oust jurisdiction, so in practice the
             | courts can and do rule  'they can't really have meant this'
             | even against the express intentions of Parliament.
        
               | simonh wrote:
               | Ansiminic (1969) is really interesting.
               | 
               | Section 4(4) of the Foreign Compensation Act 1950 stated:
               | "The determination by the commission of any application
               | made to them under this Act shall not be called into
               | question in any court of law"
               | 
               | However the House of Lords determined that the ouster
               | clause exempting the determination from legal review did
               | not apply, as there was no valid determination in the
               | first place.
               | 
               | So essentially if the tribunal were to make a
               | determination consistent with the law then yes that
               | wouldn't be subject to judicial review, but if they make
               | an error of law then their determination is not valid and
               | therefore is subject to review. Take that, parliamentary
               | overreach!
        
               | tomatocracy wrote:
               | This has led to ever more elaborate ouster clauses eg
               | amending the wording to something like "determination or
               | purported determination". It's been an ongoing game of
               | legal sophistry. It's quite amusing really.
               | 
               | This is a recent attempt (subsequently dropped I think as
               | the politics moved on):
               | https://ukhumanrightsblog.com/2020/10/15/the-uk-internal-
               | mar...
        
               | pmyteh wrote:
               | Yes!
               | 
               | When I see US jurisprudence getting tied up in knots
               | about whether given rules 'are jurisdictional' or 'are
               | merely mandatory' I can really see the benefit of the
               | decision the HoL took in _Anisminic_. And it does
               | permanently prevent flagrant abuse of judicial power by
               | lower court judges. But the legal fiction of
               | parliamentary sovereignty does feel a little more
               | fictional when you read that case.
               | 
               | (Of course, they were careful to make clear that
               | Parliament was, in fact, still sovereign, and given a
               | sufficiently expressed will, etc. etc. But in
               | practice...)
        
           | jsmith99 wrote:
           | Britain doesn't have a constitution. As the article alludes
           | to, when Acts of Parliament clash with semi-constitutional
           | items like international treaties, human rights laws, or
           | ancient traditions, the courts will attempt to construe the
           | law as Parliament not deliberately intending to override the
           | standard. However, if Parliament explicitly states their
           | intention, they can override anything.
           | 
           | E.g. Lord Hoffmann in ex parte Simms [2000] 2 AC 115, at
           | p.131:                   "Parliamentary sovereignty means
           | that Parliament can, if it chooses, legislate contrary to
           | fundamental principles of human rights. ... The constraints
           | upon its exercise by Parliament are ultimately political, not
           | legal. But the principle of legality means that Parliament
           | must squarely confront what it is doing and accept the
           | political cost. Fundamental rights cannot be overridden by
           | general or ambiguous words. This is because there is too
           | great a risk that the full implications of their unqualified
           | meaning may have passed unnoticed in the democratic process.
           | In the absence of express language or necessary implication
           | to the contrary, the courts therefore presume that even the
           | most general words were intended to be subject to the basic
           | rights of the individual. In this way the courts of the
           | United Kingdom, though acknowledging the sovereignty of
           | Parliament, apply principles of constitutionality little
           | different from those which exist in countries where the power
           | of the legislature is expressly limited by a constitutional
           | document."
        
             | chrisseaton wrote:
             | > Britain doesn't have a constitution.
             | 
             | https://en.wikipedia.org/wiki/Constitution_of_the_United_Ki
             | n...
             | 
             | Also try reading 'The British Constitution: A Very Short
             | Introduction' by Martin Loughlin.
        
             | goodcanadian wrote:
             | _Britain doesn 't have a constitution._
             | 
             | Yes, it does. It is unwritten and fuzzy, but Britain
             | definitely has a constitution or at least "constitutional
             | principles" as mentioned in the quote you provided:
             | 
             |  _" . . . In this way the courts of the United Kingdom,
             | though acknowledging the sovereignty of Parliament, apply
             | principles of constitutionality little different from those
             | which exist in countries where the power of the legislature
             | is expressly limited by a constitutional document. "_
             | 
             | While it may technically be possible under certain
             | circumstances, I find it very hard to image how a piece of
             | legislation could be crafted that would successfully
             | override the arguments made here.
        
               | tomatocracy wrote:
               | Just to nitpick - the UK constitution is uncodified (ie
               | not in a single document called a constitution) and
               | _perhaps_ in part unwritten but most (perhaps all) of it
               | is written down in the various constitutional statutes
               | and judgements.
        
               | goodcanadian wrote:
               | Fair point.
        
               | beojan wrote:
               | > While it may technically be possible under certain
               | circumstances, I find it very hard to image how a piece
               | of legislation could be crafted that would successfully
               | override the arguments made here.
               | 
               | Something along the lines of "The issuance of general
               | warrants is expressly permitted," perhaps? The principles
               | of constitutionality may be similar, but the amendment
               | process isn't, it simply requires an Act of Parliament.
        
               | [deleted]
        
               | PaulDavisThe1st wrote:
               | "Notwithstanding the objections to their issuance by
               | <court> on <date> and <court> on <data>, and stated
               | explicitly so as to satisfy the reasoning of said courts,
               | the issuance of general warrants is intended by
               | Parliament and shall henceforth be expressly permitted"
        
               | pmyteh wrote:
               | Parliament overruling the decision about warrant
               | specificity is quite straightforward. The wording in the
               | Act was somewhat ambiguous about how much specificity was
               | required, so the court ruled that it be interpreted
               | tightly in accordance with the principle of legality.
               | Parliament adding a simple 'The warrant may apply to
               | broad classes of activity and to persons not currently
               | known to the Secretary of State' would probably be enough
               | for that - in principle it just needs to be unambiguous
               | that that is what Parliament intends to do.
               | 
               | The clause attempting to oust the jurisdiction of the
               | courts, on the other hand, would require something a lot
               | more vigorous. I don't know whether a clause like yours
               | would be sufficient, but if judges can find a way around
               | it they probably will.
        
               | goodcanadian wrote:
               | I doubt that a court would find that sufficient; it seems
               | overly broad and therefore ambiguous, but hey, I'm not a
               | lawyer.
        
           | jojobas wrote:
           | It's right there in your quote, if the parliament spells it
           | out in a law they can have it.
        
             | goodcanadian wrote:
             | They did spell it out in a law: the one that was just
             | overturned. I expect it will be very difficult to come up
             | with a wording that will stand up to the scrutiny of the
             | court.
        
               | jojobas wrote:
               | No law was overturned, a practice of the government was
               | found to be against the law.
        
       | Stierlitz wrote:
       | > .. the UK High Court has ruled that the security and
       | intelligence services can no longer rely on 'general warrants' ..
       | 
       | obmanyvat' ;]
        
         | skinkestek wrote:
         | Looking up obmanyvat' it seems to mean "lie to" or deceive, but
         | I don't really get the context:
         | 
         | is it a standing Russian joke or something?
        
       | kelchqvjpnfasjl wrote:
       | From Stanford v. Texas
       | 
       | Vivid in the memory of the newly independent Americans were those
       | general warrants known as writs of assistance under which
       | officers of the Crown had so bedeviled the colonists. The hated
       | writs of assistance had given customs officials blanket authority
       | to search where they pleased for goods imported in violation of
       | the British tax laws. They were denounced by James Otis as "the
       | worst instrument of arbitrary power, the most destructive of
       | English liberty, and the fundamental principles of law, that ever
       | was found in an English law book," because they placed "the
       | liberty of every man in the hands of every petty officer." The
       | historic occasion of that denunciation, in 1761 at Boston, has
       | been characterized as "perhaps the most prominent event which
       | inaugurated the resistance of the colonies to the oppressions of
       | the mother country. 'Then and there,' said John Adams, 'then and
       | there was the first scene of the first act of opposition to the
       | arbitrary claims of Great Britain. Then and there the child
       | Independence was born.'"
        
         | simonh wrote:
         | Good one, that showed us Brits the right of it.
         | 
         | #Cough# Civil Forfeiture #Cough#
        
           | tinus_hn wrote:
           | Not to mention the constitution free zone around the borders.
        
             | JulianMorrison wrote:
             | Which is 100 miles deep and includes many major cities.
        
               | AnthonyMouse wrote:
               | You're underselling that one, because they count the
               | coastline as a "border":
               | 
               | https://www.bloomberg.com/news/articles/2018-05-14/mappin
               | g-w...
               | 
               | > the border zone is home to 65.3 percent of the entire
               | U.S. population
        
               | bregma wrote:
               | Also, international airports. 100 miles around Denver,
               | Atlanta, or Dallas covers a lot of people.
        
               | [deleted]
        
               | guntars wrote:
               | Do they actually ever use it? I know it theoretically
               | means that CBP can search anyone's home in NYC without a
               | warrant, but if they never actually do it, they might get
               | shot down in the courts if they ever try.
        
             | lawtalkinghuman wrote:
             | If all else fails, you just outsource spying on your own
             | citizens to a friendly ally (the Five Eyes).
        
           | [deleted]
        
           | hedora wrote:
           | After Brexit, we out-idioted you.
           | 
           | Now that the pendulum is swinging back, hopefully we'll take
           | this a challenge to out-competent you as well.
        
             | simonh wrote:
             | I like that take.
             | 
             | Britain: Brexit.
             | 
             | USA: Hold my beer!
        
             | [deleted]
        
             | jimbob45 wrote:
             | Hardly. Both Trump and Biden will be gone (probably dead)
             | after four more years and things will return to normal. All
             | doors will eventually reopen.
             | 
             | Britain will never return to the normalcy of EU membership.
             | Things have changed permanently for that country in a way
             | that they might not have if they'd voted remain. Doors are
             | now closed for them.
        
               | vkou wrote:
               | Biden's presidency is not the abnormal thing. It'll be
               | yet another neo-liberal administration.
               | 
               | The abnormal thing is the genie of reactionary populism
               | that the Republicans unleashed a decade ago, starting
               | with the Tea Party, and culminating with the Trump party.
               | Given that prominent republicans (Ted Cruz) are actively
               | trying to marshal those forces behind them[1], I don't
               | think that we'll be going back to normal anytime soon.
               | 
               | [1] He's far more likely to win the 2024 nomination than
               | someone like Mitt Romney, who, for all his faults, is not
               | happy with Trumpism.
        
               | jimbob45 wrote:
               | I was trying to be inclusive. My point was that
               | everything 2020-related will be dead by 2024.
        
               | TheDong wrote:
               | Your comment was that "trump and biden will be gone,
               | things will return to normal".
               | 
               | The parent is rightly pointing out that it doesn't matter
               | if those specific individuals in power are gone, that
               | doesn't mean the broader movements around them will
               | change.
               | 
               | The problems of the world are rarely due to a single
               | person, and rarely are solved by a single person losing
               | power. Behind that single person is a system, and a new
               | person will take their place if the system isn't also
               | changed.
        
             | Razengan wrote:
             | As long as you think in terms of "us versus you" the
             | pendulum will keep swinging.
             | 
             | That's how you started fighting among yourselves, after
             | all.
        
         | [deleted]
        
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