TSA

Changeling

Changeling

My family and I recently watched the moving “Changeling” with Angelina Jolie. The movie itself was entertaining and focused on the efforts of a 1920’s woman to recover her missing son. The issue at hand was the corruption of the Los Angeles Police Department after receiving bad press and their attempts to cover up shoddy police work. As we watched I found myself angered over the blatant misuse of authority. For example, when Jolie’s character challenged the police department they had her committed to an LA psychological hospital; a warrantless incarceration without trial. Once behind the walls of the hospital it was nearly impossible for her to plead her case.

Watching the movie caused me to challenge my kids to compare the situation to events of today and instantly they commented on perception of law enforcement corruption and intimidation. Of course, the most obvious example is TSA’s violation of the 4th Amendment at airport security check points and intimidation of people like Aaron Toney who was detained for 90 minutes, without arrest, by TSA on December 31 at Richmond, Virginia’s airport when he removed his shirt and displayed the 4th Amendment on his chest.

In Philadelphia gun owner Mark Fiornio was nearly shot, detained and harassed for lawfully openly carrying a gun. A new FBI Advisory circular, “Communities Against Terrorism: Potential Indicators of Terrorist Activities Related to Military Surplus Stores” advises store owners to keep records of customers making lawful purchases but fitting a profile of self-preparedness.

In London two weeks ago government officials required Amazon.com to stop selling self-defense weapons while authorities simultaneously allowed riots to “run their course.” Thus, the citizens lost the right to protect themselves in their own homes. Similarly, San Francisco authorities shut down cell-towers within the Bart system to prevent a possible riot from developing, but also leaving law abiding citizens with no mechanism for protection.

Regardless of examples I provide I must wonder when intimidation will stop and the rule of law will prevail. The movie “Changeling” highlighted corruption I could not believe existed. Ultimately, the 1930’s Courts found in favor of their “own”, but yet the corruption was known and documented. Like the Gestapo, TSA, police departments, and the National Guard will be asked to turn on citizens instead of protecting those, they are here “To Serve and Protect.”

Fly through TSA security

Traveling with my laptop and my iPhone always slows me at TSA going through Atlanta Hartsfield Airport.  I have to take the laptop out and put it in a separate bin.  I always worry about dropping it.  By the time I get my shoes off I realize I have two bins, a backpack and luggage I am managing.  So, I wondered if I could replace the laptop with my gTab?

Read my recent column discussing this issue on the tech review over at “The Biship of Technology“.

Gestapo and Gulags

Gestapo and Gulags

Congress successfully reauthorized the Patriot Act on May 27th, 2011 with hours remaining before the Act would expire. America is eerily following the same path Hitler’s Nazi Germany took in the early 1930’s; a path of Federal law enforcement, diminished civil rights, and lack of transparency in the courts. The Gestapo was given the authority to investigate treason, espionage, sabotage and criminal attacks against Germany. The basic law passed in 1936 gave the Gestapo the right to operate without judicial oversight. The Gestapo could not be sued by citizens in Administrative court.

Americans are subjecting themselves to our own Gestapo, Department of Homeland Security (DHS) willfully. Examples abound from TSA searches, disrobement, and groping at airports, rail stations, and even high school proms to document and papers required to open a bank account or get a job. Openly over the last 18 years there has been a push from local community law enforcement to a federally dominated model of control. Any local assertion of state’s power is met with federal resistance, like the Arizona and Georgia immigration lawsuits or economic threats to Texas over passing an anti-groping bill. DHS has pushed a “see something, say something” campaign to encourage spying on neighbors and standing up to Big Brother is now cause for consideration as “domestic terrorist.” It was that “domestic terrorism” that brought us freedom and the genesis of our country.

As police power expands, and 1st, 2nd, and 4th Amendment rights are reduced more citizens are being jailed than ever before. The term “Gulag” was originally an acronym for the Soviet agency administering the prisons, but has since come to represent any penal system. America has sharply turned her view on incarceration from on of rehabilitation to mandate. In 1982 approximately 1 of 77 Americans was under “correctional-control”, today that number is 1 of 31. Georgia leads the country with 1 of 13 adults under some type of judicial supervision. Take into account wage garnishment orders, child support orders, and foreclosure liens and judicial findings and the number is higher. Today the United States has the highest incarceration rate (3.1%) and the largest prison population of any country in the world. Even communist China with three times the population incarcerates fewer people.

The trend I see developing is one of government control creating fear among the citizens. I challenge you, what consequences would you face if you question how TSA handles you? What would you expect to happen if you say “no” to a police officer regarding a roadside search? Why are our countryman arrested for filming police stops? Why do victimless crimes, like drug use or possession, result in incarceration? More frequently the noose is tightening around our necks, “We the People..”

Little Noticed News

Little Noticed News (6/1/2011)
Oprah, Republican presidential candidate implosions, and Obama’s Irish roots seem to dominate the news. On a national and international level none of these newsworthy events will impact most Americans. Instead, I argue there is an entire underlying level of news taking place nationwide, some of which gets a brief mention on one of the cable or broadcast networks, but most of the news disappears not to be heard from again. America is changing, and changing rapidly. Willfully civil rights and constitutional guarantees are being eroded, and yet a blind eye is turned. Below I have listed examples from the last three weeks.
On May 22, 2011 – a Santa Fe, NM high school announced TSA would pat-down students as part of security to enter Prom. From TSA’s own web site, the agency’s mission is, “The Transportation Security Administration protects the Nation’s transportation systems to ensure freedom of movement for people and commerce.” Nowhere is a high school or sports event mentioned, and I cannot imagine being groped on my last night in high school.
May 21, 2011 – Mark Fiornio strolled through downtown Philadelphia lawfully, openly, carrying his permitted gun. The issue at hand is Mr. Fiornio was detained, nearly shot, and charges brought against him for disorderly conduct and reckless endangerment. He tried to explain to police offers he had a permit and cited the statutory laws allowing him to open carry. Local authorities are warning gun owners that they will be “inconvenienced” if they carry unconcealed handguns in the city.
May 15, 2011 – The Indiana Supreme Court, 3-2, ruled people have no right to resist officers who enter their homes under the premise it is in the greater public good and would minimize confrontation. Additionally, the Indiana Court ruled police do not need to knock to serve a search warrant.
May 17, 2011 – Historically police offers required probable cause and a search warrant before breaking into a home. That changed with the Supreme Court’s ruling in Kentucky v. King. Ruling 8-1 the justices gave police more leeway to break into homes or apartments in search of illegal drugs when they suspect the evidence otherwise might be destroyed. Justice Ruth Bader Ginsburg dissented, fearing the ruling gave police an easy way to ignore 4th Amendment protections against unreasonable searches and seizures.
In each of the above cases I can easily see the argument for “greater good”, “public safety” and other pansy excuses. Sadly, “we the people” are continuing to allow our freedoms to incrementally erode away. In one week, four cases that have far reaching circumstances. As a reminder, blood was shed for The Fourth Amendment, which assures that “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated,”

iTracker

iTracker (5/4/2011)

In the “Daily Mail” on 4/18/2011 I first read hackers in London discovered iPhones are recording and storing specific location data about their users. Initially the major networks and newspapers in America were slow to report this, taking almost 4 days to do so. Humorously Apple’s, Steve Jobs first offered no such information was gathered and certainly without malicious intent. With persistence though, the media found more details and Jobs did acknowledge the data gathering. So what’s my beef? As a programmer I do not consider the tracking file an accident and my concern is the potential misuse of the data. Possibly the programmers had good intentions but knowing a data record of individual details exists would be too tempting for use by others.

Let’s consider three examples. First, police in Michigan have been accused of downloading the data during traffic stops, without warrants or arrest in violation of the 4th Amendment. Law enforcement could use the data to pinpoint the whereabouts of a particular individual. Imagine the phone doing detective work for the police by providing when and where he goes. Second, employees are at risk from employers as the employer typically owns the phone; thus the data can be checked to verify the whereabouts of employees to ensure he is working, or where reported during office hours. Third, consider a contested divorce with a vindictive ex-wife. Through Discovery the data file must be made available and the husband’s whereabouts at any time readily known. In my second and third examples the 4th Amendment does not apply, thus anyone with an iPhone has already voluntarily submitted to 24-hour tracking.

My preference is to believe Apple had no malicious intent in mind when the file was created and most likely it was created to improve location data services and their product service offering. However, some have reported this is a requirement under the Telecommunications Act of 1996 and most likely “we the people” allowed this further erosion of our privacy and personal rights to take place based on the premise, “they would never do anything bad and it will help stop crime or save lives.” In my recent column, “Land of the Free” I argued there is no longer bravery among us and we idly standby while our freedoms disappear. Personally, I have deleted the file on my phone and will continue to do so. Maybe it still exists on a server somewhere, but at least I have fought back. My concern is when will anyone else fight back?

Can I Wear My Shoes Now?

Can I wear my Shoes Now? (5/4/2011)

Sunday night I was on my way home from Atlanta tuned in to CNN when I heard the President planned an unprecedented press conference around 10:40pm. My wife and I speculated on possibilities, “what could be so important?” Jokingly I offered maybe Osama bin Laden was dead, but that certainly was not worth a late night press conference. Of course, if your poll numbers have fallen to historic lows and your re-election campaign was prematurely announced weeks ago then this could be the much needed booster shot.

I argue, “who cares?” Eight or nine years ago the death of Osama bin Laden may have had material impact. For nearly 10 years we have been given the boogeyman of threat, Bin Laden and his minions trying to harm us. Of course, Orwell would not have given up his government boogeyman, Emmanuel Goldstein, because he was the necessary fuel for the government machine. Bin Laden, like Goldstein, is a necessary enemy of the state; serving to distract, unit e and focus the people away from the true issues. Bush brought as bin Laden, a desperate politically troubled president has eliminated him. Reminding us how important it is not to piss off our enemies, the United States is treating Osama bin Laden’s body in “accordance with Islamic practice,” a White House official says. If this man was our enemy I assert his body be publicly hung in Times Square and treated to a ticker tape parade, unless of course, no body exists and this is a diversion.

So, the real question the next time I board an airplane is, “can I wear my shoes now?” If Bin Laden is dead I assume this means we can pull out of Afghanistan this week and bring our troops home since we spent billions of dollars chasing this idiot through caves, not unlike Bill Murray and the “Caddyshack” gopher. Sadly, the media was quick to report ramped up security efforts, more scanning, and began fear-mongering possible Al Qaeda retaliation attacks. Give me a break, Goldstein (I mean bin Laden) is dead and now the threat level is pushed to imminent. I expect more money will have to be spent to assure Al Qaeda terrorism is minimized. I expect much focus on the White House this week, defining our President as a world-wide hero who saved humanity from an evil man, with the media acting like teen-age girls at a “Teen Beat” cover shoot. Osama bin Laden is dead; can I wear my shoes now?

Welcome 2011 (aka 1984)

Welcome 2011 (aka 1984)

Orwell’s 1984 is an unbelievable tale imagined in 1949 focusing on government surveillance and mind control. Since 9/11 Americans have followed the Orwellian path: trading liberty for the perception of safety. Like Sheep, there is no resistance stepping into body scanners, allowing our mothers, daughters, and wives submission to hands of questionable authority, and acceptance of cameras and data mining to predict actions. Our same ruling elite, like the “Inner Party” exempts itself from the rules and regulations put upon “We the People”.

My goal is not to pontificate doom and gloom, but raise awareness and challenge the status quo. I must wonder why a NFL football dominates television ratings when our society is collapsing around us. Much of the change thrust upon us was incrementally small and came slowly after 9/11. However, I believe there has been an acceleration of lost liberties in the last two years. For example: a pilot challenging TSA’s procedures last week had his home raided by Federal Authorities under administrative rules creating a warrantless search; TSA announced further silly rules scrutinizing Thermos bottles; passengers cannot take water through security as it may explode; Wired magazine detailed government collection and scrutiny of credit card and store loyalty card data; Google through StreetView and other data mining practices announced predictive behavioral searches; municipalities are investing in license plate readers to track all traffic in their communities; you cannot enter a store or public place without CCTV recording and forever storing your image; without warrants the NSA is listening to phone and email traffic; purchase of certain over-the-counter drugs requires logging your identity in a government database although no law is broken; Attorney General Eric Holder shared in an interview with Diane Sawyer last week American citizens require surveillance to stop homegrown terror; passage of Net Neutrality was the first step toward an ID requirement to access the web; and Janet Napolitano announced Wal-mart will install televisions nationwide to broadcast the “If you See Something, Say Something” campaign encouraging us to report on others.

I do not have confidence in the government, nor do I trust the government to maintain its integrity. By the government’s admission we need to question those who exercise First Amendment Rights, have certain political bumper stickers, belong to organizations like the NRA, and criticize the United Nations. As 2011 comes upon us I challenge you to watch the weekly announcements of new government “security” programs and ask, “Why?” Big Brother is watching you. – George Orwell.

Ants and Grasshoppers

Ants and Grasshoppers

I dictated this column ten days ago when the TSA backlash was first starting. Since 9/11 I have been questioning the policies of George Bush and the creation of the Department of Homeland Security. In October 2002 I had a letter published in the News-Journal predicting new airport security measures were similar to Nazi Germany and the Soviet Union. Removing shoes came next, I tried to resist but after being placed on the “TSA Watch List” and threatened by TSA I ultimately acquiesced and felt alone trying to stop this intrusion. TSA demonstrated its stupidity with its policy on liquids, watching me drink a bottle of Dasani water, clear and pure; requiring its disposal because it will explode.

Several weeks ago I saw a Tampa television station dutifully reporting about a multi-jurisdictional task force at the Greyhound bus station where FHP, TSA, and Border police were checking papers and searching passengers. The week before an Atlanta television station likewise reported about a comparable task force stopping trucks inbound on I-20 to pass through full size X-ray machines, check papers, and be searched. Sadly, Americans willfully reported they were glad to experience the inconvenience and felt safer, and no one seemed to question the right of the government or the warrantless search performed in direct contradiction to the Constitution, “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.”

This issue has moved beyond the requirement for airline security. Bush’s moves after 9/11, in the name of fighting terrorism, stole freedoms from Americans, undoing over 225 years of liberty: the Patriot Act created unprecedented warrantless spying, Homeland Security employees over 200,000 with a budget of $52 billion, and the relatively unknown support of the Courts to establish “Constitution Free Zones”. While you watch your elderly mother, wife, or teenage daughter undergo an intrusive, pat-down search, ask yourself by what authority has the government asserted this right.

The current fight is about the Ant and the Grasshopper, and the general failure of Americans to understand their Constitutional rights. We, the ants, are trying to resist the government grasshopper. If we succeed, we undo years of authoritarian success by the grasshopper.