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.

Illinois Wiretapping Laws Upheld – Recording Police Still Illegal

Recently, a Federal District Court Judge, Suzanne Conlon, dismissed a challenge by the ACLU in Illinois that questioned the Illinois law that makes recording someone with their consent, on public property, a felony. Doing so can be punishable by up to fifteen years in prison. While this law applies to all recording without consent, it has been specifically used against citizens who record police officers.

Charges against individuals for recording police officers on public property are not uncommon. For example, Michael Allison from Bridgepoint, Illinois, faces potential prison time for recording on-duty Illinois police officers. Read about it in Reason’s, The War On Camera’s.

In Illinois, it is against the law to use any “eavesdropping device” to record a phone call or any conversation without the consent of all parties involve. This law has been in place for some time, and is among the strictest. Illinois is one of a handful of states with similar laws. To see if your state’s “wiretapping” laws, check out LibertyActivim’s state wiretapping law summary. According to the law, only audio recordings are against the law; video recordings are fair game. Of course, this law only applies to citizen’s who wish to record in public, not to law enforcement officials. For more on the Illinois wiretapping law, read the page at the Citi Media Law Project. There is also an additional summary of Illinois recording rights here.

While it makes sense for state’s to protect privacy by preventing audio and visual recordings of private conversations on private property, it seems irrational to require consent for anyone who might be present on public property. If we take a look at the expectation of privacy on public property, we can easily conclude that there is no expectation of privacy. If there’s no expectation of privacy on public property, what sense does it make to have a law that “protects privacy” on public land?

The law has been used primarily against citizens who record police officers on public property. I personally find it unsettling not only that one can’t audio record on public property without consent of all parties involved, but that we cannot audio record police officers. I think being able to record law enforcement is beneficial for the community because it adds transparency and accountability. It allows us to know what police officers are doing and make’s it easier to see abuses of power. Without the ability to record law enforcers, it becomes very easy for a rouge officer to break the law or otherwise abuse his power. Police abuse of power is already an issue; by making it even more difficult to track the actions of police officers we place ourselves even more within the hope that they are of good character.

Society should encourage audio and video recording of police officers and other public officials. We have the right to know what our “public servants” are doing and to keep them accountable. Furthermore, does not prohibiting of recording imply potential wrongdoing? While much of the time the officer may be doing his duty as he should, a police officer’s fear of the camera suggests that they may not want the public to know of their actions. What do they have to hide?

I am of the opinion that it should always be lawful to record police officers as party of our freedom of press and free speech. Doing so encourages accountability and discourages corruption and abuse of power. Though we in Illinois can still technically video record police officers (it’s only audio recording that’s illegal), it’s still very easy for a police officer to intimidate and make your turn off your camera under the guise of interfering with police or obstructing justice. Without the ability to lawfully record law enforcement, we suffering the risk of even more abuse of power.

Patriot Act Soon to be Renewed

We all want to feel safe. We want to feel the government is protecting us, but at the same time we want to feel that our freedoms are preserved. The Patriot Act infringes upon our civil liberties under the guise of security. Portions of the bill are soon up for renewal, and it has gotten there with very little press. It appears it will go renewed silently, without opposition.

The Patriot Act, originally passed in George W. Bush’s presidency in 2001, greatly reduced the privacy of Americans. Law enforcement agencies love this act because it gives them the ability to monitor telephone and email communications, as well as financial records much more easily than ever before in the history of the United States. As I’m sure most of you are aware, it’s intended to help curb terrorism (including domestic terrorism). The act passed easily in Congress, where it was supported by Republicans and Democrats. Interestingly, George Bush took some negative criticism over the Patriot Act, primarily from Democrats, despite the fact that many Democrats supported the bill. The bill was reauthorized in July, 2005 and passed into law in 2006.

The Patriot Act indeed threatens the fundamental civil liberties of Americans. One of the problems with the Patriot Act is that it is very broad and can apply not only to terrorists, but to suspected terrorists, lawful citizens, and essentially anyone deemed as a potential or suspected terrorist. Who defines what a terrorist is? Who comes up with the criteria? It should be obvious how easily this can be abused. This is only among the most obvious flaws of the Patriot Act. It has allowed the creation of things such “sneak and peak warrants,” wiretapping without a warrant, indefinite detention of immigrants, and several other atrocities.

President Obama renewed three provisions of the Act about a year ago. It’s now up for renewal again.

There is a good summary of the bill here, by the ACLU, that details the problems with the bill. You can also view an analysis of it by CATO, here. Within the bill, they detail roving wiretaps that allow the government to spy on individuals and even raid any place an individual has been over the past year. Section 215 allows the seizure of whatever records they want, including email, phone, and financial records. They don’t even have to let you know they’re doing this.

For those interested, a petition can be found here.

Good intentions often have negative, unintended consequences, and this is absolutely the case with the USA Patriot Act. Yes, we want to feel safe, but at what cost? I believe the cost here is far too high. When society allows such freedom for law enforcement and, consequently, such a loss of civil liberties and privacy, we should expect for our rights to only continue to be eroded. The Patriot Act has been in existence for ten years. Recently we’ve seen the installation of body scanners and more invasive pat-downs at airports. What’s next? It’s a wonder we don’t have such security at bus stations and malls yet. How long until the idea of a warrant is accepted as a foreign concept? Trading our freedom for security is a mistake we will have to pay for in the future.

Unfortunately, it’s the path America has chosen to walk.

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

DEA Ban on “Synthetic Marijuana” Will Endanger Consumers, Not End “Legal Highs”

“Synthetic marijuana” brands like Spice, K2, and other herbal blends are sold in headshops across the country as incense. Headshops can get away with selling these products because, as incense, they’re not intended for human consumption. The chemicals on many of these legal high blends will soon become Schedule 1, due to a  DEA emergency ban that makes the chemicals illegal within thirty days. The chemicals named are JWH-018, JWH-200, CP-47,497, JWH-073, and cannabicyclohexanol. This temporary emergency ban will make these five chemicals illegal for at least a year while they are further studied. Of course, one can say with reasonable certainty that once these studies are concluded, these chemicals will remain scheduled. The ban goes into effect thirty days after the DEA announcement, leaving users several weeks to purchase remaining inventory.

Several states have already banned some of these chemicals, but this new ban is a federal ban. One of the reasons given for the ban is that these blends have send several users to the hospital, typically for some sort of panic attack. However, these reports are the minority.

Since these chemicals are fairly new to human use, it is reasonable to say that we don’t know much about their health profile or any long-term effects. However, we should recognize that the only reason people turn to these legal blends is because they are seeking the marijuana-like high. If cannabis was legal, there would be nearly no demand for these chemicals like JWH-018, which have little history of human use. Why would someone cho0se to smoke a herbal blend, made with a potentially-dangerous chemical that has little known about it, in order to get a cannabis like high? They wouldn’t. Cannabis would be a much safer alternative to these so-called “legal highs.”

The drug war has failed, and more and more people are waking up to this. This is especially true in relation to the marijuana prohibition, as can be seen by the enormous increase in calls for legalization across the country.

The recent ban is a bad thing for many reasons, but primarily because once these five chemicals will be banned, creators of legal highs will continue to be innovative. There are potentially hundreds of related chemicals that are cannabinoids, including a score of JWH alternatives, some even more potent. There are likely many potential cannabinoids that haven’t even been synthesized yet. While some of these may be covered under the Analog Act, it is likely many of them may not. This means that legal, marijuana-like blends will not go away – they will simply become more dangerous to the consumer.

The recent DEA ban will primarily do two things: cause users of JWH to return to marijuana (which is safer, albeit illegal), and cause designer drug groups to create new, legal cannabinoid blends that will have similar or near-identical effects. The problem with this should be obvious; these new drugs will hit the market, but they even less history of human consumption or testing than the chemical the DEA just banned. By banning a drug with a history of human use, the DEA is essentially forcing people to turn to riskier, less-known alternatives; banning these alternatives will make users turn to even more potentially dangerous alternatives!

Even if the DEA banned every drug known to man, there would still be a demand for these drugs. If there’s a demand, the market will provide them, even if at a higher price or more risk to the consumer. It’s time for the DEA to change it’s strategy; rather than ban and prohibit drugs, the U.S. government should begin to look at drug use/abuse as a health issue, rather than a crime. After all, there is no victim.

I predict that the companies that currently sell the legal highs with the banned chemicals will not vanish entirely; rather, they will adapt. These companies are doing nothing wrong and technically nothing illegal; they are merely providing a product and service for which there is a great demand in America. Is that so monstrous? The Drug Enforcement Agency is the real criminal here. By perpetuating the marijuana prohibition, which is completely illogical, immoral, and maybe even unconstitutional, they help endanger the citizens our government is supposed to protect.

  • RSS
  • Twitter
  • Facebook