Unconstitutional “Patriot” Act Extended

As most of you may know, the so-called “Patriot” Act was recently extended. It was originally thought that the act would pass without opposition, but the Patriot Act failed the House vote originally by eight votes. It was later passed once it was put up for a second vote where only a majority was needed instead of two thirds. On Tuesday, the Senate passed a three month extension of the “Patriot” Act by a 86 to 12 vote. Some Senate members are attempting to pass the act permanently.

Much of the opposition in the Senate was led by Senator Rand Paul. “Now we have essentially government agents, akin to soldiers, writing warrants; it’s ripe for abuse,” said Senator Paul. The senator has also posted a press release explaining why he opposes the Act and encouraging his fellow congressmen to do the same.

In his letter, Rand Paul cites American revolutionist James Otis, who argued against general warrants and writs of assistance. During his time, they were often used without judicial approval by British soldiers and included no restrictions or description of what or where was to be searched or seized. He described these warrants as “the worst instrument[s] of arbitrary power, the most destructive of English liberty and the fundamental principles of law, that ever w[ere] found in an English law book.” His objected was based on his belief that these warrants “placed the liberty of every man in the hands of every petty officer.” Rand Paul analogously described his resistance to the “Patriot” Act as similar to Otis’s opposition to the writs of assistance.

Rand Paul addressed the Senate, arguing against the “Patriot” Act. He later discussed the “Patriot” Act’s renewal with Judge Andrew Napolitano on Freedom Watch:

Ron Paul also led the opposition in the House; unfortunately, his words fell on deaf ears. You can hear his address to the House of “Representatives” here.

According to Rand Paul in the video above, the “Patriot” Act has been used 200,000 times in the last ten years. Furthermore, so-called “suspicious bank accounts” were reported 2,000,000 times, from banks to the FBI. These bank records also merit some attention; most of these 2,000,000 bank records were from American citizens! This is an enormous infringement on privacy.

The Provisions that were set to expire and were voted upon are perhaps the worst parts of the “Patriot” Act, and addressed roving wiretapping, governmental seizures, and the “lone wolf provision.” The roving wiretapping allows law enforcement officials to use surveillance without identifying the individual who is going to be wiretapped or at what location. One section allows governmental seizures of “any tangible thing.” The “lone wolf” provision allows electronic monitoring of a person without proof that the suspect is an foreign agent or terrorist.

It should be clear that the so-called “Patriot” Act is an enormous infringement to our 4th amendment right to privacy, ignores the fact that only judges can issue warrants. However, for those of you who may be skeptical, here is the text of the Fourth Amendment:

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

Think about it. Under the “Patriot” Act, law enforcement can participate in searches and seizures without a Judge’s approval. Now all it takes is an FBI letter, and their decision can be based on arbitrary terms; they can essentially search, seizure, or surveille anything they want. Anyone – law-abiding American citizens included – can be victims of the “Patriot” Act. 200,000 American’s already have. You no longer have a right to privacy, America.

The “Patriot Act” is anything but patriotic. We’re not drifting towards a police state, we are already there.

Big Brother Increases Internet Censorship and Regulation

We feared it would happen. We knew, with their lust for control, the federal government would eventually extend their reach upon the frontier of the internet. Though the federal government has always had some control over the internet, it’s been extremely limited. By and large, government intervention in regards to the internet has been minimal.

I believe that what makes the internet so incredible is the fact that it is unregulated, it is uncensored, and that the abundance and freedom of information adds tremendous value to our society. On the web, anyone can share their opinion or learn about anything they want without fear of punishment.

Apparently, that era is coming to an end.

Over the past few months, there have been a string of new government regulations and unjust violations that trouble me. A few of these actions involve the internet. Though most of these may appear only minor, they have some very strong implications. When reading this post, keep in mind that usually when the government gets involved in passing laws and establishing regulations, the laws are often abused or have unintended consequences. Domain seizures and censorship may just be the beginning.

Recently, the U.S. DOJ (Department of Justice) and ICE  (Immigration and Customs Enforcement) seized 82 domain names, allegedly in an attempt to cut down on the selling of counterfeit goods and distributing copyrighted materials, in what they called Operation in Our Sites v 2.0.

“The sale of counterfeit U.S. brands on the Internet steals the creative work of others, costs our economy jobs and revenue and can threaten the health and safety of American consumers,” said ICE Director John Morton. “The protection of intellectual property is a top priority for Homeland Security Investigations and the National Intellectual Property Rights Coordination Center. We are dedicated to protecting the jobs, the income and the tax revenue that disappear when counterfeit goods are trafficked.”

Perhaps preventing the sale of counterfeit goods and stopping copyright infringement is a good thing. But every U.S. citizen should have a problem with this. Should the ICE Homeland Security Investigation division make copyright protection a priority, when when they are also supposed to protect the United States against terrorist and other criminal organizations who threaten our safety and national security? Sounds like their priorities are in the wrong place. More importantly, should a federal government agency be able to seize domain names to fight crime? Apparently law officials had proper warrants, but it seems to me a website shouldn’t be shut down until it is proven to be illegal in the court of law.  Here is a list of domain names taken, and here is the notice posted on seized websites. The seizure of one domain name, Torrent-Finder, is particularly troubling. Not only was their no notice from law enforcement prior to the seizures, but the website hosted no illegal content, it only linked to it. What happened to due process? Due process is supposed to protect individuals from the state. In our country, you’re supposed to be innocent until proven guilty, but really you’re viewed as guilty until proven innocent. If the government intends to deprive you of property, one should be entitled to notice and judgment within court from a nonbaised judge or jury.

On a more significant note, there is currently a bill in Congress, the Combating Online Infringements and Counterfeits Act (COICA) which would call for internet censorship. The bill would create a blacklist of censored domain names. It passed the subcommittee with a unanimous vote, and it awaiting a full Senate vote. The primary purpose of this pill would be to stop copyright infringement websites, such as Rapidshare or ThePirateBay. The problem with this bill is that it allows the Attorney General to censor a website without a warrant or trial. This is an extreme burst of power to the government. Other countries such as China already has similar legislation, allowing them to block any website the disagree with.

Perhaps the best example is the “tank man” in Tiananmen Square:

Censored in China

The scary part is that while this event is extremely famous worldwide, within China, where the event took place, it is virtually unknown. The Chinese government has blocked the images through internet censorship.

The internet blacklist in the United States may start by censoring illegal websites that infringe on copyright, but the government would have the power to censor just about anything – even websites promoting ideas the government is not fond of. It is an extremely slippery slope, and this tyrannical path would perhaps become inevitable. Think about it; the power of censorship could be incredible. Within years, America could have a blacklist reminiscent of “the Great Firewall of China.”

If this bill were to pass, it would be a tremendous blow to free speech. Please consider signing this petition if you’re against this bill. Can we really afford to give up this degree of freedom of speech and information?

Another issue not really in the public eye is the FTC’s endorsement of “do not track” in online marketing. The FTC issued a report that proposed a framework that supposedly attempts to protect the interest of consumers against electronic media that relies on information collected from consumers. In theory, this method to prevent tracking would allow consumers to choose whether to allow data collection of browsing, searching, and similar online activities. Fortunately, this is only a policy recommendation and not law. The Do-Not-Track option would allow consumers to opt out of third-party tracking, which primarily results in targeted advertisements.

Direct Marketing News had this to say: “The FTC specifically suggests the Do-Not-Track mechanism take the form of an add-on to the browser, similar to a cookie. Consumers ultimately would be able to check a box that would transmit their preference to opt out of tracking to websites as they surf the Web. Companies would be held accountable for failing to honor the option the consumer chooses. The FTC said it hopes this will prevent consumers from the need to opt out on a company-by-company or industry-by-industry basis.”

I believe that consumers should be informed when their data is collected; however, prohibiting tracking is a step in the wrong direction. One of the primary uses of online data collection from consumers is used to provide consumers with relevant, targeted advertisements. As the internet has grow, ads have grown less intrusive and more integrated. Targeted advertisements are actually a good thing for consumers, as it displays relevant information that they may legitimately be interested in. Targeted advertisements are good for everyone – the consumer, the seller, and the middlemen hosting the promotions. It’s almost as if the FTC has nothing better to do, so they decide to make some arbitrary rules that do harm rather than good.

Another important internet issue, one that needs it’s own post, is the current WikiLeaks situation and Operation Payback (ddos attacks on Mastercard, Visa, and Paypal).

Here are some of the most notable points in the below video by Nicco Mele. “I absolutely think this is something we should admire. They’re standing up for political values they believe in. I’d argue it’s the only value the internet may have….I do think there was an act of political paranoia where paypal will let you give money to the KKK but not to a platform for whistleblowers?… I tend to think of the internet as a way for people to interact with each other to bypass institutions.”

With that, I’ll leave you with this video to ponder (at least until it gets taken down – again):

Take Care & Live Free

Fourth Amendment? What Fourth Amendment?

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

It is another sad day when it comes to our constitutional rights. The fourth amendment – which protects our rights against illegal searches and seizures – has essentially been nullified. Wednesday, the Supreme Court ruled that evidence obtained illegally should still be valid in court as long as it was obtained as a result of a police error or mistake.

The case arose as a result of police entering the Alabama home of Bennie Dean Herring when they thought they had a warrant, when they legally did not. The warrant in question had been recalled over 5 months earlier, yet the police proceeded to act on it. Chief Justice Roberts said the evidence could be used “when police mistakes are the result of negligence such as that described here, rather than systemic error or reckless disregard of constitutional requirements.”

The Supreme Court ruled 5-4 on this issue. Ironically, the court recognized that this case violated Bennie Herrings 4th Amendment rights, yet they upheld the drug and gun conviction.

Up until this ruling, evidence obtained illegally – regardless of it was done intentionally or by mistake – would be thrown out of court.

The fruit of the poisonous tree doctrine has been what courts have followed; essentially, evidence obtained through information that has been illegally gathered is not admissible in court. Essentially, this doctrine has also been thrown out as long as the illegal gathering of evidence was because of a “police mistake.”

The real problem here, aside from the blatant disregard for the Bill of Rights, is that there is no method of determining what was a police mistake and what appears to be a police mistake. This has long since been a problem, but now it’s bound to increase drastically. If an officer illegally enters my home, finds evidence of something illegal, but did not realize he didn’t have a warrant, that is one thing; but if an officer pretends he didn’t know he didn’t have a warrant yet the evidence is still admissible in court, that is another thing entirely.

Many people will not realize the importance of this decision. This decision by the court will have long-term consequences. By the time the average American realizes it, it will be too late. Our fourth amendment rights are essentially gone, unless we keep our trust in the honesty of individual police officers (which I’m not too keen to do).

This is yet another step towards a police state. A huge step. In my mind, this is much worse that the illegal Bush wiretapping without a warrant. Now they can not only wiretap without a warrant, they can search your home!

Should the Government Really Police Morality?

Over the past century, the size of the government has been growing. Its totalitarian reach has been extending, just as its spending has been increasing. Many times, with the increased legislation and laws, it apparently creates more problems than it solves. It seems, as of late, that the federal government intends to continue policing morality.

This appears to be the case with just about every issue – big government getting into your business. Ron Paul does a great job explaining how personal liberty should not be regulated by the government; rather, it should be a personal choice.

Why should the government tell you what you can and can’t do with your own body, in the privacy of your own home? As long as you aren’t putting someone else in danger or infringing on the rights of others, you should be free to do whatever you want.

This is the case with scores and scores of issues. Recently, I wrote briefly on lowering the drinking age; in hindsight, this is just on the fringe of many greater issues.

For example, take a look at the use of marijuana. Why should the government continue their (failing) war on drugs? Not just marijuana, but all drugs. Marijuana, for personal use, should be legal; it’s not dangerous, does little to no harm, and could even increase federal revenue through taxation. Additionally, marijuana may have some basis for medical use.

There is also the issue of prostitution. While I’m not an advocate for prostitution and would never hire a prostitute, I strongly believe that people should have the right to do so if they desire. By forcing thing such as a military draft or prohibiting things like prostitution, the government is effectively saying that they own its citizens and not the other way around. As Ron Paul briefly mentioned in the video I linked to above, prostitution and drug use may be related; he theorizes that the government may have indirectly increased prostitution by making drugs illegal. Because drugs are illegal, they’re harder to get and they cost more, leaving many women (and sometimes men) left to resort to prostitution to fuel their drug habits.

Other issues include telling us which types of food to eat and whether or not we can smoke. While these two issues are primarily issues on a local or state level, essentially they’re the same; government telling its citizens how to live their lives (and businesses how to run their business).

I could go on and on. We also have the issue of internet censorship (and censorship in general). We need to keep the net neutral. Broadband companies and the internet should not control what the internet user has access to. Be it pornography or file sharing, it is not the duty of companies or the government to police what people do.

The government should have zero involvmenet in most of these issues. Period. Envision a future where they tell you want to do, where to go, what to eat, where to live, what carreer to have, and so on, all done, alegedly, in your best interest. We would become a society without a choice and without a voice. It sounds absurd, but this path towards tyranny is where we are headed. The federal government – or any government, for that matter, – should not police morality. They can rant, they can make their recommendations on how to be moral, but come the end of the day, it should be the burden of the individual to decide what is right or wrong.

(don’t forget to digg this!)

Is Fast Food Immoral? LA Thinks So.

Well, the Los Angeles City Council has done it. They’ve successfully and unanimously passed an ordinance that prohibits the building of new fast-food restaurants in a 32-square-mile area. Over 500,000 low-income people live in this area. While it’s hard to deny the fact that eating fast food regularly is unhealthy, the LA City Council has crossed a dangerous line; they’ve actually banned selling fast food from new restaurants. Not only are they telling business owners how they should run their business, they’re telling consumers how to live their lives.

The ordinance hasn’t yet gone into effect since the mayor hasn’t yet signed it, but he is expected to. Fortunately, this ordinance doesn’t affect existing restaurants. It also only lasts for one year, but many members of the City Council hope to make it permanent. Essentially, the government is beginning to regular where certain types of businesses can and cannot run. They’ve already done this for liquor stores and now they’re doing this to fast food.

In a press release, Council member Jan Perry said, “This ordinance is in no way attempting to tell people what to eat but rather responding to the need to attract sit-down restaurants, full service grocery stores, and healthy food alternatives. Ultimately, this ordinance is about providing choices—something that is currently lacking in our community.”

Her argument is saying, essentially, that by prohibiting choice they’re bringing more choice. This is poor logic. No restriction on freedom can bring more freedom. Furthermore, it’s a restriction on free trade. If consumers don’t want to eat healthy, the government shouldn’t force them to do so.

There are all kinds of things wrong with this law. We have the increased regulation, which is particularly disturbing when coupled with a related ban on transfat elsewhere. There is also the problem of the increased fascist-like regulating of business. Why should the government, even a local government, tell business how to run their business? Just like with a smoking ban, it’s unnecessary and is an attack on freedom. Additionally, it infringes on the property rights of the business owner. However, none of these things that are wrong with this ordinance are as bad (or even as insulting) as the fact that the ban takes away the choice from the people. Not only does it take (or diminish, at least) the choice of locals to eat fast food when the please, it makes the assumption that the locals aren’t smart enough to make the right choice themselves. The government is effectively saying, “since you are eating fast food, you must be dumb. Don’t worry, we’ll manipulate the free market to take away what you want and give you something you don’t want. We’ll make you eat it anyway, even though you don’t want it, since we known what’s best for you better than you do.” This logic is very nearly insulting to the average citizen. Without choice, what are we?

One could present the argument that this ordinance is an attempt to regulate morality. Yes, the LA government thinks that eating fast food is immoral. If not, why the regulation? Why the destruction of freedom and personal liberty? Just what are they afraid of?

  • RSS
  • Twitter
  • Facebook