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Archive for the ‘4th Admendment’ Category

Rand Paul introduces bill to extend Fourth Amendment protection to electronic communications

“Sen. Rand Paul (R-Ky.) has introduced legislation that seeks to extend Fourth Amendment protection to electronic communications, which if successful would be a major move to protect online privacy.

This comes after it was revealed that both the IRS and the FBI claimed they did not need a warrant to spy on the electronic communications of Americans.

However, some might be skeptical given Paul’s much-criticized apparent flip-flop on the drone issue.

Nonetheless, Paul has made some much needed statements about the lack of protection given to the private electronic communications of the American people.

“In today’s high-tech world, we must ensure that all forms of communication are protected,” Paul said in a press release. “Yet government has eroded protecting the Fourth Amendment over the past few decades, especially when applied to electronic communications and third party providers.””

Via Activist Post

Cops to Congress: We need logs of Americans’ text messages

” AT&T, Verizon Wireless, Sprint, and other wireless providers would be required to record and store information about Americans’ private text messages for at least two years, according to a proposal that police have submitted to the U.S. Congress.

CNET has learned a constellation of law enforcement groups has asked the U.S. Senate to require that wireless companies retain that information, warning that the lack of a current federal requirement “can hinder law enforcement investigations.”

They want an SMS retention requirement to be “considered” during congressional discussions over updating a 1986 privacy law for the cloud computing era — a move that could complicate debate over the measure and erode support for it among civil libertarians.

As the popularity of text messages has exploded in recent years, so has their use in criminal investigations and civil lawsuits. They have been introduced as evidence in armed robbery, cocaine distribution, and wire fraud prosecutions. In one 2009 case in Michigan, wireless provider SkyTel turned over the contents of 626,638 SMS messages, a figure described by a federal judge as “staggering.” “

Via CNET

Judge Napolitano: Whatever Happened to the Right to Be Left Alone?

“The Fourth Amendment to the U.S. Constitution was written in order to keep the government from invading the right to be left alone–today known as the right to privacy. The Framers who wrote the Constitution, and Jefferson and his colleagues who insisted on the Fourth amendment among others, had suffered grievously at the hands of the British king and his soldiers.

When King George III and Parliament were looking for new ways to extract revenue from the colonists, they devised the Stamp Act. This legislation required that on every piece of paper in the homes of every colonist there must appear a stamp issued by and purchased from the British government. This applied to all books, letters, financial and legal documents, even to pamphlets to be distributed and posters to be nailed to trees.

Question: How did the king and the Parliament who were 3,000 miles away and across the sea, know if colonists had the stamps on the papers in their homes?

Answer: Parliament enacted the Writs of Assistance Act. This legislation permitted British soldiers to write their own search warrants in which they authorized themselves to enter the homes of the colonists ostensibly to look for the stamps.”

Via Fox News

The Constitution And Bill Of Rights: NOT “10 Suggestions”

“There are many alleged Christians who treat the 10 Commandments as the “10 Suggestions”, and as such it should not surprise anyone that the Constitution’s 10 original Amendments, otherwise known as The Bill of Rights, is also treated as “10 Suggestions.”

But they’re not.

I, for one, am putting a stake in the ground — over this line thou shalt not pass if any politician, political group or party wishes me to support, endorse, work for, contribute money to or otherwise be involved with them.

That’s the issue of marriage.

The US Supreme Court is likely to issue some sort of ruling on DOMA, The Defense of Marriage Act, just another in a long line of unconstitutional laws.”

“The larger issue is that the Federal Government lacks the authority to define marriage. It’s not in the Constitution as a delegated federal power. Period.

I have repeatedly argued exactly this point, but it seems that everyone loves their wedge issues. So be it — but I won’t support it, and that’s a non-negotiable position. No, I will not “go along to get along”, I will instead erect my middle finger in the direction of those who demand that I surrender principle and accede to racism and other forms of institutionalized discrimination.

The incessant pandering on the left, right, and so-called Libertarians (who are lying through their teeth — anyone claiming they are Libertarian when they simultaneously demand to be able to initiate force against those who disagree with them on what “marriage” is declares their claim of being “Libertarian” as an outrageous perversion and abject fraud) is disgusting and un-American.

These people — all of them — use our Constitution as toilet paper, just as surely as do those who abuse the 1st, 2nd, 4th and 5th Amendments.

Via Market Ticker

Yes, the FBI and CIA can read your email. Here’s how

“The U.S. government — and likely your own government, for that matter — is either watching your online activity every minute of the day through automated methods and non-human eavesdropping techniques, or has the ability to dip in as and when it deems necessary — sometimes with a warrant, sometimes without.”

“Forget ECHELON, or signals intelligence, or the interception of communications by black boxes installed covertly in data centers. Intelligence agencies and law enforcement bodies can access — thanks to the shift towards Web-based email services in the cloud — but it’s not as exciting or as Jack Bauer-esque as one may think or hope for.

The easiest way to access almost anybody’s email nowadays is still through the courts. (Sorry to burst your bubble, but it’s true.)”

Via ZDNet

Massive surveillance nation: Police now using license plate scanners to collect intelligence on cars, no crime necessary

“The newest version of the popular video game, “Assassin’s Creed,” is set in 1775, “a time of unrest in the American colonies.” The theme is, of course, the Revolutionary War and it evokes thoughts of the colonists’ struggle for freedom and independence from Great Britain.

For me, the game also conjures up thoughts about our country’s founding document, the U.S. Constitution and especially the Bill of Rights, which are so badly under assault some 230 years after our founding fathers fought – and died – to enact them.

That is especially true of the Fourth Amendment’s right to privacy, and how, little by little, that right to be secure in our “persons, houses, papers, and effects, against unreasonable searches and seizures,” is simply vanishing.

Nowhere is this more evident than in the growing surveillance society in which we live, where police are now using tens of thousands of surveillance cameras to monitor Americans everywhere they go, especially when they drive.”

Via Natural News

Total surveillance state: TSA plans to track all of your daily travels, whether to social events, grocery store or work

November 7, 2012 1 comment

“As the lame-duck session of the 112th Congress begins, millions of Americans are looking to the elected members of the 113th Congress to fix a host of problems ailing the country. The economy and job creation aside, one of the most pressing issues is reining in out-of-control federal bureaucracies. The Environmental Protection Agency comes to mind, as does the Department of Agriculture’s promotion of GM foods.

But additionally concerning is the rapid expansion of the size, scope and reach of the Transportation Security Administration, which continues to usurp authority and trample constitutional rights of more and more Americans – especially those who aren’t flying.

The TSA and its mother agency, the Department of Homeland Security, was hurriedly established during the harried, hysterical weeks following the 9/11 attacks. Once designed to replace private airport security firms that were blamed for allowing the Sept. 11, 2001 terrorists to slip past checkpoints and take over four commercial airliners with razor blades, the TSA has since grown into a regulatory, bureaucratic behemoth that now claims jurisdiction over other modes of travel, including bus and train stations.”

Via Natural News

Federal judge blocks FBI’s attempts to hold back information on troubling surveillance program

“In a somewhat surprising move, U.S. District Judge Richard Seeborg refused to allow the government to continue their drive to require Internet providers to build backdoors into their systems for government surveillance under a veil of secrecy.

This is especially shocking because a federal judge just ruled that police can place surveillance cameras on private property without a search warrant and another federal judge quickly overturned a previous decision blocking the indefinite detention provisions of the National Defense Authorization Act (NDAA) for Fiscal Year 2012.

The program, known as the “Going Dark,” is, according to Threat Level, aimed at “extend[ing] [the government’s] ability to wiretap virtually all forms of electronic communications.”

Judge Seeborg ruled on October 30 that the federal government “did not adequately respond to a Freedom of Information Act request from the Electronic Frontier Foundation,” according to CNET.”

Via Activist Post

Federal court approves use of hidden surveillance cameras on private property without warrants

“Yet again, a federal judge undermined the Constitution in a wholly disturbing fashion, this time by allowing police to install hidden surveillance cameras on private property without obtaining a search warrant.

This is especially troubling since the federal government has conducted more warrantless surveillance over the past two years than the entire previous decade. This court decision can only be expected to increase that already troubling number.

Let us not forget that the Obama administration has fought vigorously to hold on to their ability to conduct warrantless wiretapping while also claiming that cell phone location data is not protected by the Constitution and the Supreme Court recently refused to review a lawsuit challenging the warrantless surveillance program of the National Security Agency (NSA).”

Via Activist Post

Rise of the Machines: “A Drone in Every Home”

“A decade ago drones were bulky looking aircraft controlled by complex computer systems requiring multiple pilots, and were reserved exclusively for military and foreign intelligence operations.

But technological advancements in just the last five years in the areas of handheld computer hardware, high definition cameras, live streaming and miniaturized flight control have radically changed the playing field and promise to revolutionize the surveillance industry in ways that are almost impossible to imagine.”

Via SHTF Plan

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