Privacy

April 15, 2008

Unacceptable Authority

Original account here: http://www.theagitator.com/2008/04/13/so-about-that-tree-of-liberty/

Update here: http://www.theagitator.com/2008/04/15/jefferson-dance-party-article-at-the-american-spectator/

So how does a mild-mannered young woman get arrested at the Jefferson Memorial dancing with friends to the sound of their own iPods playing in their own ears?  No disruption, no political point, no trespassing, no public intoxication.  Merely National Park officers ordering a crowd to dismiss

Anyone who has even so much as been pulled over for speeding understands what it is to be at the mercy and discretion of one particular representative of the law.  Sometimes this is a good thing, as it allows an officer to exercise compassion.  Many times, however, this leaves citizens in the hands of a fellow human being who is flawed, subject to emotion, and, in the current legal environment, not subject to the same constraints as the individual in question.  In video of this incident, for example, an officer is recorded using expletives directed at the group, but one individual in the group who directs an expletive at the officer is told that if he does it again he will be arrested.

The young woman in this incident was arrested for apparently no other crime than to ask why the crowd was being dispersed.  She was eventually booked and released on a suspiciously vague charge of "interfering with agency activities."  Fortunately, she is well connected.  The same attorney who is currently arguing the landmark gun rights case, D.C. v. Heller, has offered to represent her in court.

But for others, the use of police discretion does not go so well.  There is the now infamous "Don't tase me, bro" incident and the (in my opinion) more horrible and graphic incident of a student being tasered by campus police in a library for refusing to show ID, believing himself to be a victim of racial profiling.  The latter is particularly terrible for the fact that the student was simply sitting and reading until campus security arrived; there was no intent to provoke an incident like in the other case.  There are, of course, other, more recent incidents of officers choosing to use "non-lethal" tasers on non-violent suspects, resulting in fatalities.

But what does this have to do with the average, law-abiding citizen?  Nothing, until you want to question the person questioning you.  Nothing, unless you are repulsed by the idea of random roadblocks or random profiling or overzelous officers who choose to enforce "laws" that don't actually exist (such as in the Jefferson Memorial incident, where no known laws or regulations were being violated).  Nothing, unless you would like the right to record the actions of those who are recording your actions.   

Perhaps the real key is: it has nothing to do with you if you don't mind, when your time comes, spending thousands of dollars in court to clear your name of a wrongful or non-existent charge and having the case come down to your word against the officer's.   

Major revisions are needed in police codes of conduct.  Legislators need to lay down strong laws to protect the rights of citizens in relation to local police.  Citizens' review boards and other mechanisms should be implemented so as to enforce these standards and laws.  Someone must watch the watchers, and anyone who does not feel this way should simply wait until it's their turn in the hotseat.    

March 17, 2008

It Never Stops

I suppose I need to hire staff or start blogging full-time, because if I wait even more than half a day to blog there is some new outrage to try to make people aware of.  Then there are just some things that blow all the other things away.  THIS is what I'm talking about in that respect.

Just in my own little corner of the world, I am actively engaged in the following issues:

Debating FOR free market health care;
working to provide a fair policy at my employer to help provide insurance to families without screwing those without families;
Working AGAINST using public resources to defeat Oklahoma House Bill 2513, which would allow concealed carry of handguns on campus;
Arguing to counteract the lies and hysteria about secondhand smoke that has led to the proliferation of smoking bans...

and on and on on.  It just never stops.  My mind is tempted to say that there must be some root cause.  And I suppose morally there is.  Certainly, as human beings, we will perpetually struggle against one another to establish our own moral vision.  But I am also reminded of the Founders' prophecy: "The price of liberty is eternal vigilence."

Still, I hope over time to discover how it is that the powerful places of policymaking were overtaken by do-gooders, authoritarians, and other seedy types -- and why it is that the struggle for liberty seems to take place largely beyond the walls of power.

March 02, 2008

If You Drive, You Consent

Last re-post.  I was encouraged to recently learn that Washington State, despite the best efforts of its current governor, refuses to engage in such blatant disregard for the Fourth Amendment.  Supposedly their resistance to checkpoints is based in their state constitution's privacy protections, although I have not yet investigated the matter further.

But for most of us, the following is our reality:

Sunday, November 4, 2007

If You Drive, You Consent...

THIS from the Daily Oklahoman:

"A joint operation between the Oklahoma County Sheriff's department and the Oklahoma Highway Patrol to cut down on traffic violations and thwart other criminal activity netted 102 arrests in a 12-hour period during the weekend, a sheriff's spokesman said. ...

"Checkpoints were set up in six locations across the metro area, and the officers were looking for everything from drivers with no state licenses to drunken drivers to other criminal activity. ...

"[The OK County Sheriff] said the sweeps are going to become a staple in Oklahoma County, with similar events scheduled in the future."

Apparently we've come to the point where it's acceptable to be stopped for any reason. Anyone who can comment on the legal basis for dragnet checkpoints would be greatly appreciated.

For those of you interested in journalism, the only quotes in the piece came from, you guessed it, the Oklahoma County Sheriff.

The Death of Liberty By a Thousand Fingerprints

As mentioned, I am moving materials over from other places.  This is the first of several re-posts to keep up with important stories from the past.

Saturday, September 29, 2007

The Death of Liberty By a Thousand Fingerprints

There's nothing like having a society that justifies everything "for the children."  In this case, it's an overeager food service manager wanting to make sure students have enough time to eat. The solution? An expensive biometric system with which kids pay for lunch, naturally:

http://www.time.com/time/business/article/0,8599,1665119,00.html

Apparently schools have used this system in other ways in West Virginia, Pennsylvania, and New Jersey.

Best/worst line in the article:
"Now Tom McCraley, the 760-student school district's superintendent, says that before considering finger scanning, 'I'd want to make sure parents had a full understanding about it.'"

It's the same old line, time and again: If people just understood [fill in the privacy invasion], then suddenly they'd be OK with it. What's so hard about the idea that parents don't want their children tracked, scanned, monitored, and controlled by other people? Before Tom McCraley or any other superintendents take up their posts on the taxpayer doll, I'd want to make sure they have a full understanding about privacy rights and parental choice.

Personally, I think this is a great case study in how one error leads to another. For example:

"Allen says the system has helped add at least 10 minutes to lunch periods that in some schools last just 20 minutes. "

My first thought about this article was: what's so hard about giving the students 10 extra minutes for lunch?