[packetslave]

Because some communication you don't send electronically no matter how good your crypto is.

Think "hey, I just recruited Yuri to spy for us" or "the mission to hack NK's nuclear systems will happen next Friday".

Some messages are too important to be anything but hand-carried.

[windows_tips]

Is that all that's being transported? Communication? Those bags seem to be holding more than just text.

I'm not sure the government is actually authorized to spy, per the US Constitution. It seems that it (spying) would only be authorized as part of a military operation.

[nradov]

The US Constitution contains no prohibition on spying. You might want to read it before posting.

[windows_tips]

I never claimed as such. You may wish to read my comment, the Constitution, then my comment again.

[lawlessquestion]

The us constitution explicitly states the powers the federal government are granted. The bill of rights guarentees that all powers not given to the federal government are guaranteed to the states and people (9th and 10th amendments)

[ubernostrum]

I'm not sure the government is actually authorized to spy, per the US Constitution.

Would you like to revive George Washington and tell his ghost that his spy rings were unconstitutional?

[windows_tips]

As I allowed in my comment, it may be acceptable as part of a military operation.

However, the Constitution does not grant Congress or the Courts to spy, or to hire spies, or direct spies, or have anything to do with spies.

[hiram112]

Under Article I, Section 8, Congress has the power to declare war, raise and support Armies, provide and maintain a Navy, and organize, arm, discipline, and call forth a militia.

Using spies (human intelligence) is as basic to warfare and defense as any other weapon.

Spying on citizens is where things get murky.

And as much as many readers here may dislike the intelligence agencies, distinguishing between domestic and foreign targets in the internet age is not an easy problem to solve.

Especially considering they're damned when they go too far (e.g. Prism) and damned when they don't (9/11).

[ubernostrum]

Spying and other intelligence gathering was, at the time, seen as a "necessary and proper" part of running a military. And the Constitution explicitly authorizes providing for "the common defense", explicitly authorizes the existence of military forces, and grants the power to make laws "necessary and proper" to carrying out these authorizations.

Spying and intelligence are still, in the present day, seen as a matter of national defense. NSA is explicitly under the Department of Defense, for example. CIA is civilian, but is still framed as serving a defense/national security purpose (thus Constitutionally justifiable) and scoped to be foreign-facing (domestic intelligence is primarily the FBI's province, "necessary and proper" for enforcing federal law).

[ceejayoz]

> Is that all that's being transported? Communication? Those bags seem to be holding more than just text.

Computers, code books, secure phones, etc. are required for communication.

Sometimes, more interesting things get sent. https://en.wikipedia.org/wiki/Diplomatic_bag#Noteworthy_ship...

[mlb_hn]

For the USG, it's currently authorized under Executive Order 12333 (https://www.archives.gov/federal-register/codification/execu...).

Paragraph 2.1 states "2.1 Need. Accurate and timely information about the capabilities, intentions and activities of foreign powers, organizations, or persons and their agents is essential to informed decisionmaking in the areas of national defense and foreign relations. Collection of such information is a priority objective and will be pursued in a vigorous, innovative and responsible manner that is consistent with the Constitution and applicable law and respectful of the principles upon which the United States was founded."

[packetslave]

I'm not sure the government is actually authorized to spy, per the US Constitution.

The CIA and NSA would be surprised to hear that.

[windows_tips]

The CIA seems surprised to hear lots of things, but I believe the NSA is a military operation.

[xxpor]

The NSA itself is not a military operation, but the head of the NSA is also always the head of US Cyber Command, and is therefore a General.