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Re:ACLU: ICE and CBP Are Secretly Tracking Us Using Stingray... by Karunamon on Friday January 31, 2020 @04:28PM (#22205975)
>[ICE/CBP's] continued efforts to target and tear apart communities across the country.

Is this kind of partisan dog-whistling really necessary? The ACLU does good work at the end of the day, but this sentence makes their stance on border control loud and clear.

And I call it dog-whistling because it does nothing but detract from an otherwise reasonable stance on surveillance abuse, for the sake of a wink and a nod.

Re:ACLU: ICE and CBP Are Secretly Tracking Us Using Stingray... by nostrademons on Friday January 31, 2020 @04:47PM (#22206163)
Their stance on civil liberties has been pretty consistent. All people are equal, and all are entitled to equal protection of their fundamental civil liberties. Their position on border control follows from this: you are entitled to civil liberties because you are human, not because you are an American citizen. There're some pragmatic limitations on this (there's little that the ACLU can do to protect the civil liberties of people residing in China or Russia, for example), but they've consistently fought to extend civil liberties to everyone - even, for example, American citizens of Iraqi descent residing in Iraq.

It's both of the major parties that have inconsistent stances on this, which can largely be summed up as "civil liberties for me, but not for thee". That's why the ACLU tends to get flack from both sides of the aisle. Both parties try to define one group of people as their "tribe" and maximize their own liberties, while defining another group as an outgroup and trying to deny their liberties. And it works: there's nothing quite so motivating as an outgroup. But I'm glad that there are organizations that take a principled, logical stance toward freedom without discriminating against who gets that freedom.

Re:ACLU: ICE and CBP Are Secretly Tracking Us Using Stingray... by rayiner on Friday January 31, 2020 @04:56PM (#22206262)
> Their stance on civil liberties has been pretty consistent.

Except the right to bear arms, of course.

Re:ACLU: ICE and CBP Are Secretly Tracking Us Using Stingray... by torkins on Friday January 31, 2020 @05:01PM (#22206325)
It's the interpretation of the second amendment by SCOTUS that has been inconsistent over time, not the ACLU's position. Collective/militia rights is a widespread interpretation of the second amendment (which the ACLU holds). Interpreting "right to bear arms" as unrestrained individual gun ownership is not the default position just because modern NRA advocacy says it is.
Re:ACLU: ICE and CBP Are Secretly Tracking Us Using Stingray... by tptacek on Friday January 31, 2020 @05:18PM (#22206486)
This isn't responsive to Rayiner's point. "Why" the ACLU doesn't expansively support the right to bear arms the way they do speech and freedom from search is interesting, but doesn't rebut Rayiner's point "that" they don't.
Re:ACLU: ICE and CBP Are Secretly Tracking Us Using Stingray... by CharlesW on Friday January 31, 2020 @05:02PM (#22206335)
You're painting their position with a brush the size of a small planet. Here's their actual position, which is for Constitutionally-consistent gun regulations and against proposed gun regulations which raise civil liberties concerns: https://www.aclu.org/blog/civil-liberties/mobilization/aclus...
Re:ACLU: ICE and CBP Are Secretly Tracking Us Using Stingray... by likpok on Friday January 31, 2020 @06:27PM (#22207048)
This article approaches gun regulation from the standpoint that the 2nd amendment mostly doesn't exist. It's arguing that the regulations should be consistent with the equal-protection clause. That's basically in-line with what rayiner said: the ACLU doesn't care about the 2nd amendment, and only defends gun issues when they touch other constitutional issues.
Re:ACLU: ICE and CBP Are Secretly Tracking Us Using Stingray... by positivejam on Friday January 31, 2020 @06:05PM (#22206887)
Has the ACLU's stance on the right to bear arms has been inconsistent, as in, changed quite a bit over time? Or they just haven't had much of a stance to speak of? Honest question.
Re:ACLU: ICE and CBP Are Secretly Tracking Us Using Stingray... by likpok on Friday January 31, 2020 @06:31PM (#22207083)
In 1991, they believed it was an individual right. Now they believe it's a collective right. I don't know of any major cases the ACLU brought on behalf of gun owners (but probably wouldn't know if they had).

https://reason.com/2019/04/12/the-aclu-defends-the-rights-of... has some discussion of this.

Re:ACLU: ICE and CBP Are Secretly Tracking Us Using Stingray... by FireBeyond on Friday January 31, 2020 @07:26PM (#22207447)
I can't speak to that - but they also haven't felt as much of a need to devote resources to it as they feel, accurately, I believe, that the NRA has enough resources and a loud enough voice on that topic.
Re:ACLU: ICE and CBP Are Secretly Tracking Us Using Stingray... by Karunamon on Friday January 31, 2020 @04:55PM (#22206259)
Those liberties are restricted, justly, when one violates a law. Setting aside the perfectly reasonable outrage at mass surveillance techniques, the ACLU seems to have a problem with any border enforcement, including the kind of temporary detainment that is a requirement for any kind of justice system to function!

Civil liberties do not include the right to enter another sovereign country without that country's consent, so yes, the liberty of free movement into and within a country is something that citizens and legal residents have that other people do not.

This is not a simple problem that lends itself well to the kind of pithy soundbites I complained about in the OP.

Re:ACLU: ICE and CBP Are Secretly Tracking Us Using Stingray... by daveoflynn on Friday January 31, 2020 @04:42PM (#22206104)
It’s not “for the sake of a wink and a nod” or “dogwhistling.” The ACLU is actively campaigning against the way the US Government and ICE in particular treats immigrants and people around the borders.

Have a look at the ACLU website... their position is quite clear.

Re:ACLU: ICE and CBP Are Secretly Tracking Us Using Stingray... by mc32 on Friday January 31, 2020 @04:45PM (#22206145)
The case they mention was about tracking someone who re-entered illegally. How else are they to get people to comply? Send them a nice note to comply?

Many people who are left to on their on recognizance never show up to their court dates.

Re:ACLU: ICE and CBP Are Secretly Tracking Us Using Stingray... by istjohn on Friday January 31, 2020 @05:09PM (#22206400)
Most asylum seekers do show up to for their court dates.

https://www.politifact.com/punditfact/statements/2018/jun/26...

Re:ACLU: ICE and CBP Are Secretly Tracking Us Using Stingray... by Karunamon on Friday January 31, 2020 @04:52PM (#22206218)
Certainly not by means of unconstitutional mass surveillance.
Re:ACLU: ICE and CBP Are Secretly Tracking Us Using Stingray... by FireBeyond on Friday January 31, 2020 @07:27PM (#22207458)
> Many people who are left to on their on recognizance never show up to their court dates.

Many implies a majority. In fact, far from it. ICE and CBP already have tools to deal with people they deem a flight risk including but not limited to ankle monitors, etc.

Re:ACLU: ICE and CBP Are Secretly Tracking Us Using Stingray... by KarlKemp on Friday January 31, 2020 @05:03PM (#22206336)
Do you believe the ACLU‘s other/typical cases to be uncontroversial, to not have much opposition?

The ACLU is rather consistent. It’s you who just happens to believe there are some people undeserving of civil liberties.

A civil liberties Organisation that only acts on behalf of groups enjoying broad sympathy is useless.

Re:ACLU: ICE and CBP Are Secretly Tracking Us Using Stingray... by tedajax on Friday January 31, 2020 @04:35PM (#22206044)
Easy for you to say if you're not in the effected communities...
Re:ACLU: ICE and CBP Are Secretly Tracking Us Using Stingray... by Karunamon on Friday January 31, 2020 @04:43PM (#22206113)
To say that ICE or CBP's "effort" is to "target and tear apart communities" is the kind of dishonesty that would be rightly flagged off of HN as inflammatory nonsense.
Re:ACLU: ICE and CBP Are Secretly Tracking Us Using Stingray... by stanferder on Friday January 31, 2020 @05:04PM (#22206342)
I don't think it rises to the level of dishonesty, but I do think the writer should not have included something as unknowable and irrelevant as the possible hidden motives of these agencies.

Nevertheless, suing these agencies to prevent unwarranted surveillance is justified.

Re:ACLU: ICE and CBP Are Secretly Tracking Us Using Stingray... by claudeganon on Friday January 31, 2020 @05:04PM (#22206354)
It’s what people who were working for the agencies themselves have said:

https://www.thisamericanlife.org/656/let-me-count-the-ways

Re:ACLU: ICE and CBP Are Secretly Tracking Us Using Stingray... by minikites on Friday January 31, 2020 @04:55PM (#22206250)
It sure looks like tearing apart to me:

https://www.npr.org/2018/06/19/621065383/what-we-know-family...

>However, The New Yorker spoke to lawyers and advocates who said there is no formal process or clear protocol for tracking parents and children within the system and that chaotic systems and inadequate record keeping make it difficult even to know which facility a child might be kept at.

Re:ACLU: ICE and CBP Are Secretly Tracking Us Using Stingray... by Latty on Friday January 31, 2020 @04:41PM (#22206097)
Their stance is the only one compatible with their core aims. I'm not sure why you would expect anything else.
[dead]
Re:ACLU: ICE and CBP Are Secretly Tracking Us Using Stingray... by alamortsubite on Friday January 31, 2020 @04:51PM (#22206204)
They've had the same stance since at least 2014.

https://www.aclu.org/cases/aclu-florida-v-city-sarasota-stin...

Re:ACLU: ICE and CBP Are Secretly Tracking Us Using Stingray... by munk-a on Friday January 31, 2020 @05:00PM (#22206313)
They did actually - but while Obama was in office information about the program was far less public - here's a summary of events leading up to a Jan 13, 2016 lawsuit[1] and here's an article from early 2016 on a different lawsuit[2]. The ACLU has had a consistent stance as far as I'm aware - if you have some sources to indicate otherwise please do supply them.

And, not doing a thing because it wasn't done before is a whataboutism appeal that prevents us from improving our actions - it isn't a really logical argument except within the realm of US law and prior precedent.

1. https://www.aclunc.org/our-work/legal-docket/aclu-v-doj-stin...

2. https://www.thenewstribune.com/news/local/watchdog/article59...

Re:ACLU: ICE and CBP Are Secretly Tracking Us Using Stingray... by iron0013 on Friday January 31, 2020 @04:50PM (#22206198)
I don’t think it’s a dog whistle, because the ACLU is stating it openly and clearly: ICE and CBP are unconstitutionally violating our civil rights. Nothing winky or noddy about it, and good on them for not mincing words!