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	<title>Comments on: Homeland Security Subpoenas and Search Computer of Two Bloggers</title>
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	<link>http://www.airlinereporter.com/2009/12/department-of-homeland-security-subpoenas-two-journalists-and-look-like-idiots/</link>
	<description>Blogging about the airline industry &#38; travel</description>
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		<title>By: The TSA opens a new line&#8230; in the war against Bloggers - Ghetto IFE</title>
		<link>http://www.airlinereporter.com/2009/12/department-of-homeland-security-subpoenas-two-journalists-and-look-like-idiots/comment-page-1/#comment-74349</link>
		<dc:creator>The TSA opens a new line&#8230; in the war against Bloggers - Ghetto IFE</dc:creator>
		<pubDate>Thu, 06 Oct 2011 15:01:52 +0000</pubDate>
		<guid isPermaLink="false">http://www.airlinereporter.com/?p=2677#comment-74349</guid>
		<description>[...] Airline Reporter: http://www.airlinereporter.com/?p=2677 Runway Girl: [...]</description>
		<content:encoded><![CDATA[<p>[...] Airline Reporter: <a href="http://www.airlinereporter.com/?p=2677" rel="nofollow">http://www.airlinereporter.com/?p=2677</a> Runway Girl: [...]</p>
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		<title>By: Free Flight Video Magazine &#187; Blog Archive &#187; TSA Agent Who Harassed Blogger Drops His Notebook (and the ball)</title>
		<link>http://www.airlinereporter.com/2009/12/department-of-homeland-security-subpoenas-two-journalists-and-look-like-idiots/comment-page-1/#comment-2301</link>
		<dc:creator>Free Flight Video Magazine &#187; Blog Archive &#187; TSA Agent Who Harassed Blogger Drops His Notebook (and the ball)</dc:creator>
		<pubDate>Thu, 07 Jan 2010 02:42:18 +0000</pubDate>
		<guid isPermaLink="false">http://www.airlinereporter.com/?p=2677#comment-2301</guid>
		<description>[...] back when the TSA harassed another aviation blogger about a leaked TSA directive? I didn&#8217;t think the story could have gotten any crazier, but I was [...]</description>
		<content:encoded><![CDATA[<p>[...] back when the TSA harassed another aviation blogger about a leaked TSA directive? I didn&#8217;t think the story could have gotten any crazier, but I was [...]</p>
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		<title>By: Free Flight Video Magazine &#187; Blog Archive &#187; TSA Agent Who Harassed Blogger, Drops His Notebook (and the ball)</title>
		<link>http://www.airlinereporter.com/2009/12/department-of-homeland-security-subpoenas-two-journalists-and-look-like-idiots/comment-page-1/#comment-2290</link>
		<dc:creator>Free Flight Video Magazine &#187; Blog Archive &#187; TSA Agent Who Harassed Blogger, Drops His Notebook (and the ball)</dc:creator>
		<pubDate>Wed, 06 Jan 2010 15:54:56 +0000</pubDate>
		<guid isPermaLink="false">http://www.airlinereporter.com/?p=2677#comment-2290</guid>
		<description>[...] back when the TSA harassed another aviation blogger about a leaked TSA directive? I didn&#8217;t think the story could have gotten any crazier, but I was [...]</description>
		<content:encoded><![CDATA[<p>[...] back when the TSA harassed another aviation blogger about a leaked TSA directive? I didn&#8217;t think the story could have gotten any crazier, but I was [...]</p>
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		<title>By: TSA Agent Who Harassed Blogger, Drops His Notebook (and the ball) &#124; Airline Reporter &#124; A Blog on the airline industry</title>
		<link>http://www.airlinereporter.com/2009/12/department-of-homeland-security-subpoenas-two-journalists-and-look-like-idiots/comment-page-1/#comment-2289</link>
		<dc:creator>TSA Agent Who Harassed Blogger, Drops His Notebook (and the ball) &#124; Airline Reporter &#124; A Blog on the airline industry</dc:creator>
		<pubDate>Wed, 06 Jan 2010 15:22:02 +0000</pubDate>
		<guid isPermaLink="false">http://www.airlinereporter.com/?p=2677#comment-2289</guid>
		<description>[...] back when the TSA harassed another aviation blogger about a leaked TSA directive? I didn&#8217;t think the story could have gotten any crazier, but I was [...]</description>
		<content:encoded><![CDATA[<p>[...] back when the TSA harassed another aviation blogger about a leaked TSA directive? I didn&#8217;t think the story could have gotten any crazier, but I was [...]</p>
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		<title>By: Tech News</title>
		<link>http://www.airlinereporter.com/2009/12/department-of-homeland-security-subpoenas-two-journalists-and-look-like-idiots/comment-page-1/#comment-2229</link>
		<dc:creator>Tech News</dc:creator>
		<pubDate>Sun, 03 Jan 2010 21:52:54 +0000</pubDate>
		<guid isPermaLink="false">http://www.airlinereporter.com/?p=2677#comment-2229</guid>
		<description>My cousin would love this blog post. We were recently speaking about this. hehe</description>
		<content:encoded><![CDATA[<p>My cousin would love this blog post. We were recently speaking about this. hehe</p>
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		<title>By: Free Flight Video Magazine &#187; Blog Archive &#187; TSA Withdraws Subpoenas &#38; Help Support the Bloggers</title>
		<link>http://www.airlinereporter.com/2009/12/department-of-homeland-security-subpoenas-two-journalists-and-look-like-idiots/comment-page-1/#comment-2199</link>
		<dc:creator>Free Flight Video Magazine &#187; Blog Archive &#187; TSA Withdraws Subpoenas &#38; Help Support the Bloggers</dc:creator>
		<pubDate>Sat, 02 Jan 2010 04:50:13 +0000</pubDate>
		<guid isPermaLink="false">http://www.airlinereporter.com/?p=2677#comment-2199</guid>
		<description>[...] got pretty obsessed with watching how the TSA subpoena story played out, I felt it was an important story and I am glad it got covered. I am working on a blog [...]</description>
		<content:encoded><![CDATA[<p>[...] got pretty obsessed with watching how the TSA subpoena story played out, I felt it was an important story and I am glad it got covered. I am working on a blog [...]</p>
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		<title>By: vlwall</title>
		<link>http://www.airlinereporter.com/2009/12/department-of-homeland-security-subpoenas-two-journalists-and-look-like-idiots/comment-page-1/#comment-2198</link>
		<dc:creator>vlwall</dc:creator>
		<pubDate>Sat, 02 Jan 2010 04:25:19 +0000</pubDate>
		<guid isPermaLink="false">http://www.airlinereporter.com/?p=2677#comment-2198</guid>
		<description>Sounds like intimidation to me.  Without a free and open press, which I consider bloggers and online news to be, we cannot have a free society.  The government has no right to interfere.  They can get a warrant if they think there is something being done illegally.  No government agency has a right to do anything without a warrant, at least a questionably legal FISA warrant.</description>
		<content:encoded><![CDATA[<p>Sounds like intimidation to me.  Without a free and open press, which I consider bloggers and online news to be, we cannot have a free society.  The government has no right to interfere.  They can get a warrant if they think there is something being done illegally.  No government agency has a right to do anything without a warrant, at least a questionably legal FISA warrant.</p>
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		<title>By: Free Flight Video Magazine &#187; Blog Archive &#187; TSA Withdraws Subpoenas &#38; Help Support FlyingWithFish</title>
		<link>http://www.airlinereporter.com/2009/12/department-of-homeland-security-subpoenas-two-journalists-and-look-like-idiots/comment-page-1/#comment-2194</link>
		<dc:creator>Free Flight Video Magazine &#187; Blog Archive &#187; TSA Withdraws Subpoenas &#38; Help Support FlyingWithFish</dc:creator>
		<pubDate>Sat, 02 Jan 2010 03:09:39 +0000</pubDate>
		<guid isPermaLink="false">http://www.airlinereporter.com/?p=2677#comment-2194</guid>
		<description>[...] got pretty obsessed with watching how the TSA subpoena story played out, I felt it was an important story and I am glad it got covered. I am working on a blog [...]</description>
		<content:encoded><![CDATA[<p>[...] got pretty obsessed with watching how the TSA subpoena story played out, I felt it was an important story and I am glad it got covered. I am working on a blog [...]</p>
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		<title>By: Free Flight Video Magazine &#187; Blog Archive &#187; SHORT TAKE: TSA Withdraws Subpoenas</title>
		<link>http://www.airlinereporter.com/2009/12/department-of-homeland-security-subpoenas-two-journalists-and-look-like-idiots/comment-page-1/#comment-2190</link>
		<dc:creator>Free Flight Video Magazine &#187; Blog Archive &#187; SHORT TAKE: TSA Withdraws Subpoenas</dc:creator>
		<pubDate>Sat, 02 Jan 2010 01:19:19 +0000</pubDate>
		<guid isPermaLink="false">http://www.airlinereporter.com/?p=2677#comment-2190</guid>
		<description>[...] got pretty obsessed with watching how the TSA subpoena story played out, I felt it was an important story and I am glad it got covered. I am working on a blog [...]</description>
		<content:encoded><![CDATA[<p>[...] got pretty obsessed with watching how the TSA subpoena story played out, I felt it was an important story and I am glad it got covered. I am working on a blog [...]</p>
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		<title>By: SHORT TAKE: TSA Withdraws Subpoenas &#124; Airline Reporter &#124; A Blog on the airline industry</title>
		<link>http://www.airlinereporter.com/2009/12/department-of-homeland-security-subpoenas-two-journalists-and-look-like-idiots/comment-page-1/#comment-2188</link>
		<dc:creator>SHORT TAKE: TSA Withdraws Subpoenas &#124; Airline Reporter &#124; A Blog on the airline industry</dc:creator>
		<pubDate>Sat, 02 Jan 2010 00:41:44 +0000</pubDate>
		<guid isPermaLink="false">http://www.airlinereporter.com/?p=2677#comment-2188</guid>
		<description>[...]   By David Parker Brown, on January 1st, 2010 at 4:40 pm  I got pretty obsessed with watching how the TSA subpoena story played out, I felt it was an important story and I am glad it got covered. I am working on a blog [...]</description>
		<content:encoded><![CDATA[<p>[...]   By David Parker Brown, on January 1st, 2010 at 4:40 pm  I got pretty obsessed with watching how the TSA subpoena story played out, I felt it was an important story and I am glad it got covered. I am working on a blog [...]</p>
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		<title>By: Bonnie Vaughan</title>
		<link>http://www.airlinereporter.com/2009/12/department-of-homeland-security-subpoenas-two-journalists-and-look-like-idiots/comment-page-1/#comment-2184</link>
		<dc:creator>Bonnie Vaughan</dc:creator>
		<pubDate>Fri, 01 Jan 2010 19:18:51 +0000</pubDate>
		<guid isPermaLink="false">http://www.airlinereporter.com/?p=2677#comment-2184</guid>
		<description>&lt;b&gt;To respond to Ben.&lt;/b&gt;  This was not classified material that these bloggers wrote about. Form an opinion based on fact - not ASSumption. You seem to think that anti-government speech is wrong.  No doubt who you voted for!

If you read the directives and how ridiculous and assine they were, they deserved to be ridiculed and impeached publicaly. We are the laughing stock of the world. We have a bunch of clowns running our governmental agencies. Those directives looked like some kindergarten teacher wrote them to provide order to a bunch of obstreperous 4 year olds. 

When your Constitutional rights are being trampled and stripped by your government, you and every other citzien of this country has the obligation to speak out and stand up.  Perhaps you have never read the Constitution or the Bill of Rights. 

While you are at it - read what our founding fathers had to say about our duty as citizens when confronted with an oppressive government.</description>
		<content:encoded><![CDATA[<p><b>To respond to Ben.</b>  This was not classified material that these bloggers wrote about. Form an opinion based on fact &#8211; not ASSumption. You seem to think that anti-government speech is wrong.  No doubt who you voted for!</p>
<p>If you read the directives and how ridiculous and assine they were, they deserved to be ridiculed and impeached publicaly. We are the laughing stock of the world. We have a bunch of clowns running our governmental agencies. Those directives looked like some kindergarten teacher wrote them to provide order to a bunch of obstreperous 4 year olds. </p>
<p>When your Constitutional rights are being trampled and stripped by your government, you and every other citzien of this country has the obligation to speak out and stand up.  Perhaps you have never read the Constitution or the Bill of Rights. </p>
<p>While you are at it &#8211; read what our founding fathers had to say about our duty as citizens when confronted with an oppressive government.</p>
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		<title>By: John Dough</title>
		<link>http://www.airlinereporter.com/2009/12/department-of-homeland-security-subpoenas-two-journalists-and-look-like-idiots/comment-page-1/#comment-2175</link>
		<dc:creator>John Dough</dc:creator>
		<pubDate>Fri, 01 Jan 2010 12:05:37 +0000</pubDate>
		<guid isPermaLink="false">http://www.airlinereporter.com/?p=2677#comment-2175</guid>
		<description>I don&#039;t know where to start.  Mr. Brown&#039;s story says &quot;The subpoena gave Agent Falherty the permission to search any faxes and emails related to...&quot;.  Last time I checked, a subpoena only requires the requested materials be presented to the requesting party in a given time frame, generally no less than 24 hours, and usually a lot longer.  The requesting party, under most circumstances, must be an officer of the court (i.e., an attorney).

If an agent or agents wishes to search or seize without permission they need a warrant, probable cause, or exigent circumstances.  If they thought they had either of the latter two, they wouldn&#039;t ask or have presented a subpoena.  The fact that they served a subpoena tells me they didn&#039;t have enough to put in a warrant application.  Hence, no judge would issue them a warrant.

Further, unlike a warrant, a subpoena is not an *instant* instrument.  As already stated, one usually has at least 24 hours to comply or make a motion to quash.  Since the exact language of the subpoena is not given here, I can only guess.  But if the subpoena actually uses language like &quot;permission to search&quot;, it&#039;s defective on its face, and would likely be quashed on that technicality alone.

From my perspective, the first mistake Mr. Elliot made was having let the agent or agents into his house.  He should have accepted the subpoena, refused to talk to them, and told them his attorney would be in contact.  If they demanded the materials then and there, he should have told them to wait outside while he contacts his attorney.  I strongly doubt they would have pushed their way in.  (If they did, that would constitute, at minimum, civil trespass and possibly criminal trespass).

As best I can tell with the available information, this was a complete bluff.  These guys are obviously good poker players.  Too bad the average shnook is completely clueless.  Chalk up another home run for big brother.</description>
		<content:encoded><![CDATA[<p>I don&#8217;t know where to start.  Mr. Brown&#8217;s story says &#8220;The subpoena gave Agent Falherty the permission to search any faxes and emails related to&#8230;&#8221;.  Last time I checked, a subpoena only requires the requested materials be presented to the requesting party in a given time frame, generally no less than 24 hours, and usually a lot longer.  The requesting party, under most circumstances, must be an officer of the court (i.e., an attorney).</p>
<p>If an agent or agents wishes to search or seize without permission they need a warrant, probable cause, or exigent circumstances.  If they thought they had either of the latter two, they wouldn&#8217;t ask or have presented a subpoena.  The fact that they served a subpoena tells me they didn&#8217;t have enough to put in a warrant application.  Hence, no judge would issue them a warrant.</p>
<p>Further, unlike a warrant, a subpoena is not an *instant* instrument.  As already stated, one usually has at least 24 hours to comply or make a motion to quash.  Since the exact language of the subpoena is not given here, I can only guess.  But if the subpoena actually uses language like &#8220;permission to search&#8221;, it&#8217;s defective on its face, and would likely be quashed on that technicality alone.</p>
<p>From my perspective, the first mistake Mr. Elliot made was having let the agent or agents into his house.  He should have accepted the subpoena, refused to talk to them, and told them his attorney would be in contact.  If they demanded the materials then and there, he should have told them to wait outside while he contacts his attorney.  I strongly doubt they would have pushed their way in.  (If they did, that would constitute, at minimum, civil trespass and possibly criminal trespass).</p>
<p>As best I can tell with the available information, this was a complete bluff.  These guys are obviously good poker players.  Too bad the average shnook is completely clueless.  Chalk up another home run for big brother.</p>
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		<title>By: Steve326m</title>
		<link>http://www.airlinereporter.com/2009/12/department-of-homeland-security-subpoenas-two-journalists-and-look-like-idiots/comment-page-1/#comment-2172</link>
		<dc:creator>Steve326m</dc:creator>
		<pubDate>Fri, 01 Jan 2010 10:21:26 +0000</pubDate>
		<guid isPermaLink="false">http://www.airlinereporter.com/?p=2677#comment-2172</guid>
		<description>This is the result of that ugly law they use to strip us of all our rights called &quot;The Patriot Act&quot;. It gives them unlimited power to do as they please without warrants or court orders and are immune from prosecution. Thank you Mr Bush (NOT). Watch, they&#039;ll come after me now for writing this. Thank God I now live in The Philippines.</description>
		<content:encoded><![CDATA[<p>This is the result of that ugly law they use to strip us of all our rights called &#8220;The Patriot Act&#8221;. It gives them unlimited power to do as they please without warrants or court orders and are immune from prosecution. Thank you Mr Bush (NOT). Watch, they&#8217;ll come after me now for writing this. Thank God I now live in The Philippines.</p>
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		<title>By: DP</title>
		<link>http://www.airlinereporter.com/2009/12/department-of-homeland-security-subpoenas-two-journalists-and-look-like-idiots/comment-page-1/#comment-2147</link>
		<dc:creator>DP</dc:creator>
		<pubDate>Thu, 31 Dec 2009 16:39:52 +0000</pubDate>
		<guid isPermaLink="false">http://www.airlinereporter.com/?p=2677#comment-2147</guid>
		<description>By what authority can someone be deemed a security risk for not acquiescing their rights in their own home?  I want the TSA agents held accountable for abusing their ability to designate someone a security risk in that way.  They have been empowered to keep danger off of planes, not to get a private citizen to treat them as if they have more power than a judge just because they can hurt his livelihood.  I&#039;m afraid they&#039;ll just deny making the threat and won&#039;t be held accountable (hint: that&#039;s what video cameras are for).</description>
		<content:encoded><![CDATA[<p>By what authority can someone be deemed a security risk for not acquiescing their rights in their own home?  I want the TSA agents held accountable for abusing their ability to designate someone a security risk in that way.  They have been empowered to keep danger off of planes, not to get a private citizen to treat them as if they have more power than a judge just because they can hurt his livelihood.  I&#8217;m afraid they&#8217;ll just deny making the threat and won&#8217;t be held accountable (hint: that&#8217;s what video cameras are for).</p>
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		<title>By: dballance</title>
		<link>http://www.airlinereporter.com/2009/12/department-of-homeland-security-subpoenas-two-journalists-and-look-like-idiots/comment-page-1/#comment-2120</link>
		<dc:creator>dballance</dc:creator>
		<pubDate>Thu, 31 Dec 2009 01:36:03 +0000</pubDate>
		<guid isPermaLink="false">http://www.airlinereporter.com/?p=2677#comment-2120</guid>
		<description>Ben,

You said: &quot;blogs have been anti-government and anti homeland security. They are just doing their best to protect passengers of airliners and every American on the ground.&quot; 

No, our government is most certainly &lt;strong&gt;NOT&lt;/strong&gt; doing its best to protect us. If they were that guy would never have gotten on an airplane to the US. This is another case of our dysfunctional intelligence agencies dropping the ball. Each of them is more about protecting their turf, making themselves look good and getting the biggest budget from congress. I&#039;m not sure it has much at all to do with TSA or DHS. I think they got screwed because the CIA, FBI and State dropped the ball. 

It appears there was ample warning this guy was a threat. But because there is no real mandate for these government organizations to work together, share information and actually do the intelligence analysis and correlation of data that would have stopped this guy it didn&#039;t happen.

This guy had the explosives in his underwear. I&#039;m surprised some bright bulb in our government hasn&#039;t suggested we all get strip-searched before flying. Wait for it. The full-body scanners are pretty darn close to a strip-search.

While we all take off our shoes, submit to invasive pat-downs, wear Depends on flights since we can&#039;t pee the last hour. While we have our unopened bottles of water confiscated the &lt;i&gt;REAL&lt;/i&gt; terrorists are thinking of new tactics to attack us. They&#039;re thinking in terms of simple methods to attack. There is no Predator drone at airport security. 

Instead of thinking about how to thwart yesterday&#039;s threat by imposing indignities on the innocent; who in our government is trying to think like the terrorists so they can prevent the next attack?

Since I can&#039;t have my water bottle maybe I won&#039;t need those Depends after all.

Note: &quot;Depend&quot; is a registered trademark of Kimberly-Clark</description>
		<content:encoded><![CDATA[<p>Ben,</p>
<p>You said: &#8220;blogs have been anti-government and anti homeland security. They are just doing their best to protect passengers of airliners and every American on the ground.&#8221; </p>
<p>No, our government is most certainly <strong>NOT</strong> doing its best to protect us. If they were that guy would never have gotten on an airplane to the US. This is another case of our dysfunctional intelligence agencies dropping the ball. Each of them is more about protecting their turf, making themselves look good and getting the biggest budget from congress. I&#8217;m not sure it has much at all to do with TSA or DHS. I think they got screwed because the CIA, FBI and State dropped the ball. </p>
<p>It appears there was ample warning this guy was a threat. But because there is no real mandate for these government organizations to work together, share information and actually do the intelligence analysis and correlation of data that would have stopped this guy it didn&#8217;t happen.</p>
<p>This guy had the explosives in his underwear. I&#8217;m surprised some bright bulb in our government hasn&#8217;t suggested we all get strip-searched before flying. Wait for it. The full-body scanners are pretty darn close to a strip-search.</p>
<p>While we all take off our shoes, submit to invasive pat-downs, wear Depends on flights since we can&#8217;t pee the last hour. While we have our unopened bottles of water confiscated the <i>REAL</i> terrorists are thinking of new tactics to attack us. They&#8217;re thinking in terms of simple methods to attack. There is no Predator drone at airport security. </p>
<p>Instead of thinking about how to thwart yesterday&#8217;s threat by imposing indignities on the innocent; who in our government is trying to think like the terrorists so they can prevent the next attack?</p>
<p>Since I can&#8217;t have my water bottle maybe I won&#8217;t need those Depends after all.</p>
<p>Note: &#8220;Depend&#8221; is a registered trademark of Kimberly-Clark</p>
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