Free Markets, Free People
North Korea says “no”:
North Korea conducted a nuclear test on Monday, South Korea’s Yonhap news agency quoted a ruling party official as saying.
YTN Television quoted the South Korean weather agency as saying it detected a tremor indicating a test at 0054 GMT (8:54 p.m. EDT).
South Korean President Lee Myung-bak had called an emergency meeting of cabinet ministers over the test, Yonhap said.
Well that ought to keep ‘em buzzing around in DC for a day or two. I wonder if we’ll finally figure out that anything that NoKo agrees too in the future isn’t worth the paper it’s written on?
A very interesting piece in the LA Times about some European muslims who failed at the job of “holy warrior – or did they?
Pakistan is discovering that their unwelcome guests in the Swat Valley are harder to get rid of than cockroaches.
Apparently Rep. Collin Peterson (Minn.), the outspoken Democratic chairman of the Agriculture panel, isn’t happy with the Waxman/Markey Cap-and-Trade bill and is promising trouble.
It seems even the NY Times is catching on to the Obama rhetorical devices. Helene Cooper points out that some of Obama’s “enemies” are “straw men” and Sheryl Gay Stolberg notes that many of Obama’s “nuanced” positions would be flip-flops if it was anyone else. Of course both articles were published in the Saturday NY Times, so its not like they’re really calling Obama to task.
The Washington Post, examining Venezuela strong man Hugo Chavez’s latest attempt to destroy any domestic opposition, wonders if the Obama administration’s silence on the matter constitutes sanction by silence. Well if that’s the case, what does Nancy Peolsi’s silence about the use of waterboarding constitute?
A porn star is considering a run for the US Senate from Louisiana. Given the fact that she’s only worked in a different type of porn than what goes on in the US Senate, she ought to fit right in.
The NY “bomb plot” has apparently degenerated into an “aspirational” one.
And finally, it looks like Brits are finally fed up. According to reports, a big “vote the bums out” movement is taking shape in the UK. We should be so lucky.
Seriously, you just can’t make stuff like this up.
–Democrats decry waterboarding as torture and claim it occurred because of lack of Congressional oversight (on the Republican watch).
–CIA releases 40 separate documents that chronicle key Democrats, to include Nancy Pelosi, were aware of the use of EIT, to include waterboarding, for years.
–Democrats claim the CIA is out to get them and that becomes the story.
With the spike in interest about combating piracy suddenly, any number of people have been sought out and quoted concerning their ‘expert’ opinion about what to do.
Cyrus Mody of the International Maritime Bureau said that his organisation had qualms about the use of armed guards on ships: “We always have been against the carriage of arms on vessels. First, we don’t think there is legal backing. Two, there’s a risk of escalation. Three, you cannot carry arms on ships carrying hazardous or dangerous cargo.
“If you permit armed guards on certain vessels, the others, which cannot carry the armed guards will become vulnerable and be targeted a lot more.”
Maybe it is just me, but I simply don’t understand thinking like this. It reminds me of the rightfully ridiculed “if rape is inevitable, lay back and endure it” school of thought.
Note how Mr. Mody seems not to understand that we have an inherent right to self-defense and thus shouldn’t be particularly concerned with whether or not exercising that right has “legal backing”. When armed thieves attack you and your property, they certainly aren’t concerned with the niceties of legal backing. They are called “outlaws” for a reason. But like all human beings, they’re looking for easy targets. Lay back and offer no resistance and they’ll happily take your property and, perhaps, your life. Although that hasn’t been the case yet, it certainly could happen now that the military of various states are killing pirates. In fact, because they are using deadly force now, the need for being able to defend one’s self would seem to me to be even more urgent than before.
That brings us to point two – escalation. I hate to break it to Mr. Mody, but as noted, the military reaction to piracy has escalated the situation. What is obvious, however, is the military cannot provide protection to all of the shipping transiting the area – it can only react to attacks. In the last two attacks on American ships, there was no way for our navy to react immediately. In both cases the USS Bainbridge was hundreds of miles away when the attacks occurred. That leaves immediate self-defense in the hands of the crew of the ship being attacked.
As for three, of course you can have weaponry on such ships if done properly. And think of it this way, pirates don’t know whether or not the ship is carrying “hazardous or dangerous cargo” when they attack. So when they launch that RPG they’re much more of a danger to those cargoes (and the crew) than someone on the ship putting a line of .50 cal rounds across the bow of a pirate skiff and scaring them away.
And four, per Mr. Mody, it just isn’t fair if some ships have armed guards (Mr. Mody was reacting to a story about armed guards on an Italian cruise ship foiling a pirate attack) and others don’t. That’s just nonsense. It’s like “gun free zones” – what do they tell criminals? That no one will be able to defend themselves because the criminal will be the only one with a gun. It’s stupid. The whole point is to make the pirates unsure as to whether the ship has armed guards and whether it is worth it to them to attempt to attack such a ship. One way to take that sort of calculation out of their attacks is to ensure ships are “gun free zones”.
Certainly there are non-lethal ways to fight pirates, but as Gen. Petraeus said the other day, and I’m paraphrasing, I wouldn’t want to be on a water cannon when the guy at the other end has an RPG.
Fighting off pirates requires resistance, and resistance requires at least equality in firepower. The whole point is to make piracy less and less attractive. Right now the pirates pick a target, board it and name their ransom. The risk to reward ratio is so low they won’t consider returning to their former life. One way to help them make such a decision more readily is to raise that reward-to-risk ratio to a level that it is no longer attractive. Seems to me armed ships along with military intervention are certainly a good way to do that.
What we don’t need to be doing is listening to the likes of Mr. Mody and trying to dress up stupidity as some form of “civilized behavior”.
Paralleling the song, the answer should be “absolutely nothing” with a testosterone laced “Huhn!” thrown in for good measure. Personally, I have my doubts.
This is not a new topic here at QandO, as my esteemed brethren have weighed in on numerous occasions, each time settling on an emphatic “No! Torture is not acceptable.” While it would be difficult, if not impossible, to put into words the esteem that I hold for my blog brothers, I have to say that I disagree. That may be because I have never been in the military, nor been subjected to anything close to the sort of forced life-or-death decision making that breeds a camaraderie distinct unto itself. And it may be because I have the luxury (thanks to said camaraderie) to simply ponder these things at my leisure. Just the same, I cannot say that I am opposed to torture of our nation’s enemies, nor can I honestly say that any experience will change my opinion.
First, the reason I even broach the subject: release of “secret torture memos” (link added):
President Barack Obama’s administration said it would Thursday release four memos, with sections blacked out, covering the Bush administration’s justification for CIA interrogations of terror suspects … The memos were authored by Jay Bybee and Steven Bradbury, who at the time were lawyers for the then-president George W. Bush’s Justice Department Office of Legal Counsel.
The memos provided the legal framework for a program of interrogations of “war on terror” detainees that included techniques widely regarded as torture such as waterboarding, in which a detainee is made to feel like he is drowning.
I have not read the memos, and I probably won’t. The sole reason being that I’ve slogged through enough of these legal documents to have a pretty good idea of what’s in there, and to know that there is plenty of qualifying language to mitigate whatever damning quotes are eventually culled therefrom. In point of fact, these “memos” are little more than legal research projects specifically drafted so as to provide both the underlying judicial framework for the issue at hand, and the best guess at how the current policy might fit into that framework under certain factual parameters. They are merely legalese for “this is what the law says, and this is how the policy may not run afoul of that law.”
Leaving aside definitional problems (does being confined with an insect constitute “torture”?), let’s just assume that what the memos described was not only policy, but a policy that was carried out. Why is that a bad thing?
Tom Maguire provides some thoughts:
IN OUR NAME: The newly released torture memos are cold-blooded and clearly client-driven – the lawyers knew the answers they wanted and reasoned backwards. Quick thoughts:
1. The US concern about actually harming someone comes through on every page. In fact, at one point (p. 36 of .pdf) the legal team wonders whether it would be illegal for the interrogators to threaten or imply that conditions for the prisoner could get even worse unless they cooperate. I suppose these memos will provide welcome reassurance of our underlying civility to both the world community and the terrorists in it.
2. There are some fascinating legal gymnastics on display. My favorite might be on p. 39, where we learn that Article 16 of the Geneva Convention does not apply because the CIA is operating in areas not under US jurisdiction. Nor do the protections of the US Constitution extend to aliens being held prisoner under US control but abroad outside of US jurisdiction.
However, another contender for the “It Would Take A Lawyer To Think Of This” prize is the argument that waterboarding does not constitute a threat of imminent death because, even though the prisoner thinks they are drowning, they are not, and anyway, the mental effect is transitory and does not result in long term mental harm – call it the “Psych!” defense. (The absence of long term harm comes from the experience of US sailors and soldiers passing through SERE school in the service of their country; whether a jihadist waterboarded by the Great Satan would also rebound psychologically is not explored here). I would think that a game of Russian Roulette played with a fake bullet might pass all these requirements other than the SERE experience.
Tom’s comparison to Russian Roulette intrigues me because I think it is the perfect analogy. I’ve written before that, in my opinion, waterboarding crosses the legal line because of the way the law is written. I’ve never been convinced that the technique crosses any moral boundary because I’m not so sure that it’s any different than placing a caterpillar in the same cell as a man who’s deathly afraid of caterpillars. Playing on the mind’s fears is part and parcel of both manipulation and torture, but does not mean that the two are equivalent. Morally speaking, therefore, I have doubts that techniques akin to waterboarding amount to “torture” per se.
But assuming that they do, again, what exactly is the problem? Aficionados of the subject will say that torture is ineffectual. Yet, Khalid Shaikh Mohammed would appear to be a test case in contrast to that wisdom, as would the fact that our own soldiers are routinely informed that “everyone breaks eventually.” Moreover, if it really is ineffectual, why does it continue to happen? Clearly, somebody somewhere is getting results.
Even leaving aside the efficacy vel non of torture, does it hold such moral deficiency as to abandon it altogether? Here I plead ignorance because, in my mind, I view enemies to my country as enemies to my family. By that I mean, if anyone were to hurt, or even threaten to hurt, a member of my family, I can’t even begin to express the unholy hell I would visit upon such a cretin. When I view A Time To Kill I can’t help but think that that the murderous, rapist scum got off too lightly (which, of course, was the point of Grisham’s characterization). Other than the fear of anything nefarious happening to my children, my greatest fear is of what I would try to do to those who hurt them or even suggested that they might do so. I have the same feeling when it comes to anyone who seeks to destroy my country and her citizens with whom I’ve (gratefully) cast my lot. My morality directs me to say that what any of you visit upon the least of my fellow countrymen, I will repay you a thousandfold and more. That may be my Irish bravado speaking, but it speaks as honestly as any man possibly can.
So I am left with the conundrum of how my actions in response to an attack on my family should be any different than an attack on my country, and why I should feel any differently about the perpetrators of such actions, whether they have followed through with their plans or not. I understand that my response — i.e. the sanctioning of “torture” — may not be entirely rational. Indeed, if a firetruck runs over my child while rushing to save an orphanage, I would feel no less grief, and probably wish an equal amount of horror upon the transgressors as I would upon 19 hijackers who murdered 3,000 of of my fellow citizens. In fact, probably more. There is nothing particularly rational in such a response. But I have little confidence that, should I have the chance to avoid either disaster, I would refrain from running the perpetrators’ minds through a psychological cheese grater if there was even a small chance that the disaster could be avoided. That may be little more than a testament to my weakness as a moral human being, but I think that I’m not alone.
Torture, however defined, is not a pretty thing. I make no bones about having zero regard for my enemies (i.e. those who want to destroy my country a la 9/11). If subjecting them to extreme psychological and/or physical discomfort, or the threat of such, will prevent further attacks, then I confess that I am happy to reward those monsters with the penalty they richly deserve. I accept that I may be wrong in such thinking, but I don’t find that case has been successfully made as of yet. Indeed, I defy you to take this test and declare that “torture” can never be acceptable.
The ultimate point is, torture is a horrible thing and should be avoided if at all humanly possible. But, unfortunately, we live in a world where the “humanly possible” has limits. In those cases, why is it that torture should be off limits? Is there a rational reason? I’m willing to be convinced, but I have my doubts.
DHS Secretary Janet Napolitano reacts to the uproar over the, and I use the phrase very loosely when referring to it, “analysis and intelligence” report released by her department on “rightwing extremists”:
The primary mission of this department is to prevent terrorist attacks on our nation. The document on right-wing extremism sent last week by this department’s Office of Intelligence and Analysis is one in an ongoing series of assessments to provide situational awareness to state, local and tribal law enforcement agencies on the phenomenon and trends of violent radicalization in the United States. I was briefed on the general topic, which is one that struck a nerve as someone personally involved in the Timothy McVeigh prosecution.
Let me be very clear: we monitor the risks of violent extremism taking root here in the United States. We don’t have the luxury of focusing our efforts on one group; we must protect the country from terrorism whether foreign or homegrown, and regardless of the ideology that motivates its violence.
We are on the lookout for criminal and terrorist activity but we do not – nor will we ever – monitor ideology or political beliefs. We take seriously our responsibility to protect the civil rights and liberties of the American people, including subjecting our activities to rigorous oversight from numerous internal and external sources.
I am aware of the letter from American Legion National Commander Rehbein, and my staff has already contacted him to set up a meeting next week once I return from travel. I will tell him face-to-face that we honor veterans at DHS and employ thousands across the department, up to and including the Deputy Secretary.
As the department responsible for protecting the homeland, DHS will continue to work with its state and local partners to prevent and protect against the potential threat to the United States associated with any rise in violent extremist activity.
A couple of points – if what we saw is the level of intelligence the department is gathering and is indicative of the sophistication of the analysis it sees fit to publish, we are all in very deep trouble. That is one of the worst products I’ve ever seen produced by an agency anywhere, and I’ve read hundreds of intelligence analysis in my time. No specifics, vague and over-generalized threats, and nonsensical reasoning were its hallmark. That was my primary problem with it. As I pointed out, half of America, to include the news media, falls under their “rightwing extremist” umbrella.
Secondly, as the commander of the American Legion so aptly put it, the report resorted to a “casual defamation” of all soldiers with its claim that they were likely to be recruited by right wing hate groups. So yeah, she needs to meet with him and she needs to apologize for that ‘casual defamation’ and also admit that the product that was sent out was, to be kind, a piece of crap.
With apologies to Jeff Foxworthy, the Department of Homeland Security has apparently decided it is necessary to warn the nation’s law enforcement agencies about a new and growing threat – right-wing extremists.
For instance, you might be a right-wing extremist if you’re a member of any groups:
“…that are dedicated to a single-issue, such as opposition to abortion or immigration …”
The report, entitled “Right-Wing Extremism – Current Economic and Political Climate Refueling Resurgence in Radicalization and Recruitment”, doesn’t mention whether those who are on the left and dedicated to single-issues, such as support for abortion or unlimited immigration might be extremists as well.
You can read the report here. (pdf)
David Weigel of the Washington Independent has trouble understanding the right-wing outrage this report sparks:
Seriously, though, I struggle to find anything wrong in a close — not a willfully obtuse — reading of the report.
Well maybe it’s the little things, David – like the apparent belief by DHS that any problem brewing domestically will occur only on the right. And perhaps it is implication that soldiers are likely to succumb to the draw of radical right-wingers:
Returning veterans possess combat skills and experience that are attractive to rightwing extremists. DHS/I&A is concerned that rightwing extremists will attempt to recruit and radicalize returning veterans in order to boost their violent capabilities.
Of course they have to go back to the early ’90s and Timothy McVeigh to substantiate this claim. Apparently they’ve been unable to find any more recent possible problems on which to pin their caution. And of course they also use as intel a claim made on a white-supremacist web-site which claimed (without any proof) that “large numbers of potentially violent neo-Nazis, skinheads, and other white supremacists are now learning the art of warfare in the [U.S.] armed forces.”
Well, there you go!
My favorite “you might be a right-wing extremist if” moment came with this little tidbit from DHS:
Rightwing extremist chatter on the Internet continues to focus on the economy, the perceived loss of U.S. jobs in the manufacturing and construction sectors, and home foreclosures.
The “perceived loss of US jobs?!” Heh … well I guess we won’t need all of that ‘stimulus’ money for unemployment if they’re only perceived losses, huh? But look at the topics – “extremist chatter” focuses on “the economy … jobs … and home forclosures?” Heck, then half the news media is extremist. And we here at QandO fall into that camp. And that’s with a less than obtuse reading of the sentence above, wouldn’t you say, Mr. Weigel?
And of course, DHS covers guns, gun laws and the current gun buying spree in a rather amusing way:
Open source reporting of wartime ammunition shortages has likely spurred rightwing extremists—as well as law-abiding Americans—to make bulk purchases of ammunition. These shortages have increased the cost of ammunition, further exacerbating rightwing extremist paranoia and leading to further stockpiling activity. Both rightwing extremists and law-abiding citizens share a belief that rising crime rates attributed to a slumping economy make the purchase of legitimate firearms a wise move at this time.
So when you buy that gun and ammo, which is it? Is it because you’re a paranoid rightwing extremist or a law abiding citizen who thinks such a purchase is a “wise move at this time”? Only DHS knows for sure. But if you’ve happened to write about the “perceived loss of US jobs”, the economy or “home foreclosures” on the internet and are a military veteran, I imagine you can figure out into which category you fall (heh … me included).
And don’t you dare be a state’s rights guy who believes that the federal government should respect the 10th Amendment:
Rightwing extremism in the United States can be broadly divided into those groups, movements, and adherents that are primarily hate-oriented (based on hatred of particular religious, racial or ethnic groups), and those that are mainly antigovernment, rejecting federal authority in favor of state or local authority, or rejecting government authority entirely.
In all, DHS is convinced that the economic downturn along with the “historic Presidental election”, code for “hey, we elected a black guy”, ensures a return to the ’90s and the rise of skin heads and militias.
By the way, you weren’t supposed to know about any of this.
LAW ENFORCEMENT INFORMATION NOTICE: This product contains Law Enforcement Sensitive (LES) information. No portion of the LES information should be released to the media, the general public, or over non-secure Internet servers. Release of this information could adversely affect or jeopardize investigative activities.
In reality it contains a bunch of warmed over nonsense, conjecture and unsubstantiated cites from anonymous websites. But remember, don’t tell anyone in the media about this BS passed off as “Intelligence and Analysis” because if they ever got wind of it they’d conclude there was very little analysis or intelligence on display in the document – and we wouldn’t want to embarrass DHS, would we?
Hope and change.
Now that the dust is beginning to settle, what, really, was accomplished in what Anne Applebaum likens more to a sold out concert tour than a diplomatic tour-de-force.
Well in the latter category it was more of a diplomatic tour-de-farce.
The Obama administration had two goals in two important meetings on the continent. The first was the G20 and the goal was to talk the Europeans into buying into increasing government spending to unprecedented levels, as the US has done, in order to “stimulate” the world’s economy. Epic “fail” in that department. However, the Euros did manage to talk Obama out of another 100 billion for the IMF.
The second goal was associated with NATO, and it was to talk our NATO allies into a large commitment of combat troops for Afghanistan. Again, an epic “fail”. As predicted by those who understand Europe, and thus NATO, that was a non-starter from the beginning. NATO instead offered up 5,000 troops, 3,000 on a temporary basis to help with the election, the rest as trainers for the ANA and ANP. But where troops are needed most – in combat positions – none, nada, zip, zero.
So, although you wouldn’t know it given the adoring media reports and the dutiful reporting of the administration spin on the trip, Obama ends up 0-2 in his first attempt at global diplomacy.
Applebaum notes one thing that struck her as “strange”:
Still, someone has to say it: Although some things went well on this trip, some things went badly. The centerpiece of the visit, Obama’s keynote foreign policy speech in Prague — leaked in advance, billed as a major statement — was, to put it bluntly, peculiar. He used it to call for “a world without nuclear weapons” and a new series of arms control negotiations with Russia. This was not wrong, necessarily, and not evil. But it was strange.
Yet, while Obama mentioned nuclear weapons reduction to Russia, he apparently didn’t mention Iran’s nukes or the fact that Russia’s shipment of the S-300 missile system to Iran is likely to destabilize the region by pushing Israel into finally striking Iran before ths system can be installed.
And then there’s North Korea’s decision to launch its ICBM at the very moment Obama was addressing nuclear weapons reduction. A bit of an in-your-face in diplomatic terms, by Kim Jong Il.
In other words, ridding the world of nuclear weapons would be very nice, but on its own it won’t alter the international balance of power, stop al-Qaeda or prevent large authoritarian states from invading their smaller neighbors.
I’ll be interested to see whether anyone gives a more sober assessment of the trip among the talking heads (as Applebaum did) or whether it will continue to be characterized as something it wasn’t.
No surprise to some, but a complete surprise to others I’m sure:
The Obama administration is again invoking government secrecy in defending the Bush administration’s wiretapping program, this time against a lawsuit by AT&T customers who claim federal agents illegally intercepted their phone calls and gained access to their records.
Disclosure of information sought by the customers, “which concerns how the United States seeks to detect and prevent terrorist attacks, would cause exceptionally grave harm to national security,” Justice Department lawyers said in papers filed Friday in San Francisco.
Kevin Bankston of the Electronic Frontier Foundation, a lawyer for the customers, said Monday the filing was disappointing in light of the Obama presidential campaign’s “unceasing criticism of Bush-era secrecy and promise for more transparency.”
The promise of transparency has been the most consistent casualty of the Obama administration. No bills thus far have been posted on the web 5 days prior to signing. The Treasury Department refuses to disclose how TARP money has been spent. And now this – something, as the EFF points out, which was unceasingly criticized by candidate Obama when the Bush administration was in power.
Now, that said, perhaps what the Obama Justice Department has discovered is argument the Bush administration was making at the time were valid. The case in question is an extension of the September case:
Like the earlier suit, the September case relies on a former AT&T technician’s declaration that he saw equipment installed at the company’s San Francisco office to allow NSA agents to copy all incoming e-mails. The plaintiffs’ lawyers say the declaration, and public statements by government officials, revealed a “dragnet” surveillance program that indiscriminately scooped up messages and customer records.
The Justice Department said Friday that government agents monitored only communications in which “a participant was reasonably believed to be associated with al Qaeda or an affiliated terrorist organization.” But proving that the surveillance program did not sweep in ordinary phone customers would require “disclosure of highly classified NSA intelligence sources and methods,” the department said.
It would appear the Obama Justice Department has examined the case and the evidence and, amazingly, has come to the conclusion that what the Bush administration claimed – that the taps were aimed only at al Qaeda and/or affiliated organizations – was correct, and is now defending that. They’ve also concluded that disclosure of the information involved in the case would be harmful to national security.
What I now wonder is if “secrecy” suddenly is ok? And since it is the Obama administration – the increasingly opaque Obama administration – saying the taps were used only on bad guys, are they now ok? And will that be enough to mollify those on the left who were so outraged when the Bush administration was accused of doing all of this?
And finally, I wonder if the NYT will devote the time and space to this defense of what it termed “illegal wiretapping” in the past as it did when it surfaced during the Bush administration?
Al Gore may have ‘invented’ it, but the Congress may give Obama control of it. The report is from Mother Jones:
Should President Obama have the power to shut down domestic Internet traffic during a state of emergency?
Senators John Rockefeller (D-W. Va.) and Olympia Snowe (R-Maine) think so. On Wednesday they introduced a bill to establish the Office of the National Cybersecurity Advisor—an arm of the executive branch that would have vast power to monitor and control Internet traffic to protect against threats to critical cyber infrastructure. That broad power is rattling some civil libertarians.
The Cybersecurity Act of 2009 (PDF) gives the president the ability to “declare a cybersecurity emergency” and shut down or limit Internet traffic in any “critical” information network “in the interest of national security.” The bill does not define a critical information network or a cybersecurity emergency. That definition would be left to the president.
The bill does not only add to the power of the president. It also grants the Secretary of Commerce “access to all relevant data concerning [critical] networks without regard to any provision of law, regulation, rule, or policy restricting such access.” This means he or she can monitor or access any data on private or public networks without regard to privacy laws.
So you have an unelected Secretary of Commerce able to access all of the data on the private or public networks without regard to privacy laws – yeah, no possibility of abuse there, huh?
The bill could undermine the Electronic Communications Privacy Act (ECPA), says CDT senior counsel Greg Nojeim. That law, enacted in the mid ’80s, requires law enforcement seek a warrant before tapping in to data transmissions between computers.
“It’s an incredibly broad authority,” Nojeim says, pointing out that existing privacy laws “could fall to this authority.”
It will be interesting to see if we hear the same sort of outcry from the left pertaining to warrants as we heard about FISA if this passes.
“We must protect our critical infrastructure at all costs—from our water to our electricity, to banking, traffic lights and electronic health records—the list goes on,” Rockefeller said in a statement. Snowe echoed her colleague, saying, “if we fail to take swift action, we, regrettably, risk a cyber-Katrina.”
And apparently the possibility of a “cyber-Katrina” means that any Constitutional right you may have to privacy can be waived.