Posts Tagged ‘civil liberties’

The tyranny of the Nanny State, where the government knows what’s best for you

Tuesday, August 12, 2014 at 10:05 am by

This guest post by John Whitehead was originally published on August 11 by the Rutherford Institute. 

“Of all tyrannies, a tyranny sincerely exercised for the good of its victim may be the most oppressive. It may be better to live under robber barons than under omnipotent moral busybodies. The robber baron’s cruelty may sometimes sleep, his cupidity may at some point be satiated, but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience.”

—C.S. Lewis

Surveillance cameras, government agents listening in on your phone calls, reading your emails and text messages and monitoring your spending, mandatory health care, sugary soda bans, anti-bullying laws, zero tolerance policies, political correctness: these are all outward signs of a government—i.e., a societal elite—that believes it knows what is best for you and can do a better job of managing your life than you can.

of all tyranniesThis is tyranny disguised as “the better good.” Indeed, as I document in my book A Government of Wolves: The Emerging American Police State, this is the tyranny of the Nanny State: marketed as benevolence, enforced with armed police, and inflicted on all those who do not belong to the elite ruling class that gets to call the shots. Thus, this explains the recent rash of parents getting charged with negligence and arrested for leaving their kids alone for any amount of time, whether at a park, in a store, in a car, or in their front yard—another sign of what C.S. Lewis referred to as tyranny exercised by “omnipotent moral busybodies.”

For example, working mom Debra Harrell was arrested, spent 17 days in jail, lost custody of her daughter, and if convicted, could spend up to 10 years in jail all because she let her 9-year-old daughter play alone at a nearby park. Single mother Shanesha Taylor, unemployed and essentially homeless, was arrested for leaving her kids in her car during a 40-minute job interview. (more…)

2 Chicago men arrested for participating in activism

Monday, August 11, 2014 at 9:55 am by

Stop_and_FriskKevin Tapia and Felipe Hernandez—young Latino men from Chicago’s southwest side—spent the weeks leading up to the Affordable Care Act’s enactment going door-to-door on behalf of their community, informing residents of the imminent changes laid out in the new law. They found jobs with Grassroots Collaborative and worked to make sure that the citizens of their local neighborhoods would be covered in time for the March 31 deadline.

With the law’s rollout less than a week away, Tapia and Hernandez’s efforts had brought them to Garfield Ridge—a predominately white neighborhood. There they were greeted by four police officers who stopped them, frisked them and charged them with unlawfully soliciting business. Though the Chicago Sun-Times initially reported that the police were responding to a local 911 call presuming Tapia and Hernandez’s work to be little more than an attempt to scam the elderly, Grassroots Collaborative have highlighted the incident as an obvious example of racial profiling.

The precedent for a legal framework regarding stop and frisks was established in 1968 via the United States Supreme Court’s seminal ruling in Terry v. Ohio. The Court’s decision indicated that—in the absence of probable cause for an arrest—the Fourth Amendment to the United State’ Constitution protects citizens from police interrogation and frisks unless the officer can outline a “reasonable articulable suspicion” for a stop and frisk.

Probable cause is often subjective but even the most seasoned prosecutor would be grasping at straws in arguing that these officers acted within their purview when they stopped, frisked and arrested Tapia and Hernandez. The officers were responding to a deeply speculative neighborhood call two young men were engaging in entirely nonviolent behavior. What basis they had for fearing Tapia and Hernandez were armed and dangerous wasn’t clear at the time and hasn’t become any clearer since. (more…)

Constitution in Crisis :: BORDC July Newsletter

Monday, July 28, 2014 at 6:08 pm by

Constitution in Crisis

July 2014, Vol. 13 No. 07


Journalists reveal government monitoring political activists

Earlier this month, journalists revealed the names of five American targets of the NSA’s surveillance dragnet.  This was the first time that Americans who have never been arrested, or even suspected of terrorist activity, have been individually identified as targets for government monitoring.

Since the story was published, Greenwald has spoken candidly about the reasons for his delay in reporting the names, as well as why it matters. As he explained to Wired magazine, “This is the first time that there’s a human face on who the targets are….I think it’s important for people to judge—are these really terrorists or are these people who seem to be targeted for their political dissidence and their political activism?”



BORDC Analysis

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Have you read BORDC’s blog lately? The People’s Blog for the Constitution features news & analysis beyond the headlines.

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Grassroots News

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To view campaigns supported by BORDC at a glance, visit our interactive campaign maps for local coalitions addressing surveillance and profiling by local law enforcement, or military detention under the NDAA. To get involved in any of these efforts, please email the BORDC Organizing Team at organizing (at) bordc (dot) org. We’re eager to hear from you and help support your activism!

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Activists within BORDC sometimes appear in the news. We make it a point to spread our message through various media, including print, online, radio, and television. Check out what we’ve been up to.

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Restore the Fourth works to strengthen the USA FREEDOM Act

Thursday, July 24, 2014 at 9:00 am by

Restore the Fourth’s Chicago chapter rang in July in a lively fashion. After the House of Representatives watering down the proposed USA FREEDOM Act to resemble “little more than a Trojan horse” languishing in congressional purgatory, privacy advocates reached out to US Senator Dick Durbin (D-IL) to invite him to strengthen the bill’s incarnation in the Senate.

In an email correspondence, organizer John Bumstead said his organization has engaged both Durbin’s office and the media. The group’s efforts focus on eliminating from the proposed legislation its measure extending for an additional two years beyond its present 2015 expiration date the sunset for Section 215 powers  under the Patriot Act.

Restore_the_Fourth_Logo

RT4 Chicago is planning a weekly flyering/postcard campaign in support of a Patriot Act Section 215 sunset pledge, which would formally usher the controversial law out of existence by adhering to the 2015 expiration date. Bumstead says the campaign’s rationale lies in the relative ease of convincing legislators to not vote for something to continue as opposed to sticking their necks out in support of something. He adds the campaign may also switch gears as necessary to focus on other topics, such as killing the USA FREEDOM Act if his group is dissatisfied with the resulting bill.

Chicago residents moved by RT4’s work attended a public meeting on July 3 at Chicago’s CivicLab and are organizing an RT4-wide event in honor of Orwell Day on August 4.

How the NSA’s surveillance programs undermine Internet security

Thursday, July 17, 2014 at 11:41 am by

Over the last year, nearly all the news and outrcy about the National Security (NSA) has focused on its programs to collect phone records and spy on Internet communications.  However, the NSA is also engaging in secretly undermining essential encryption tools and standards and, among other things,  putting backdoors into computer hardware and software products.

Not only have they stockpiled the vulnerabilities in commercial software we use every day rather than attempting to fix those security flaws, they have been putting spyware into computers around the world by impersonating popular sights like Facebook and LinkedIn.  They have even gone so far as to hack into Google and Yahoo’s private data links.

Congress has finally started paying attention to these disturbing actions.  In June, the House voted to approve two amendments to defund the NSA’s attempted to undermine encryption standards and to insert surveillance backdoors into the communications technologies we rely on.  Repesentatives Zoe Lofgren and Alan Grayson sponsored these amendments. (more…)

BORDC joins ACLU brief challenging NYPD spying

Monday, July 14, 2014 at 12:57 pm by

Last Thursday, BORDC signed on to a friend-of-the-court brief submitted by the American Civil Liberties Union of New Jersey in the case of Hassan, et al., v. City of New York, which challenges the New York City Police Department’s (NYPD) surveillance of Muslims, mosques, and Muslim-owned businesses in New Jersey. The brief, which was submitted to the United States Court of Appeals for the Third Circuit, explained that the lower court erred when it issued a decision in February dismissing the plaintiffs’ claims.

hassan

Other organizations on the brief included Latino Justice PRLDEF, the Mexican-American Legal Defense and Education Fund, the Garden State Bar Association, the Hispanic Bar Association, and the Association of Black Women Lawyers of New Jersey.

“When a person presents evidence that a government agency has singled them out for harsher treatment because of their race, ethnicity or religion, the government bears a heavy burden of justifying its actions,” stated Rutgers Law School-Newark’s Acting Dean Ronald Chen, who is serving as the ACLU-NJ’s cooperating counsel in the case. “The plaintiffs deserve to have their day in court to challenge being profiled by the NYPD.” (more…)

From cops to soldiers: the American police state and the militarization of law enforcement.

Thursday, July 10, 2014 at 2:51 pm by

These are busy times for the Border Patrol, the custom agents, immigration folks; but if we are going to send these agencies to fight a war on drugs, to fight a war against illegal behavior, we have to send them the proper tools.

– Then-Mayor of San Diego, Bob Filner

Since President Richard Nixon declared the War on Drugs in June 1971, the United States has spent nearly $1 trillion on a vicious campaign that has served as a means to subjugate, terrorize, and control. Nonviolent drug abuse violations remain the single most common offense, accounting for over 1.5 million individuals arrested in 2012.

SWAT

With the rate of unsolved homicides skyrocketing over the past 50 years, it is has become increasingly clear that the failed War on Drugs has only perpetuated violence on the streets of America’s most destitute communities. In the words of H.R. Haldeman, President Richard Nixon’s White House Chief of Staff, “[T]he whole problem is really the blacks. The key is to devise a system that recognizes this while not appearing to.” Despite the seemingly obvious facts that speak against these tough-on-crime policies, the war wages on throughout the nation, as low-income communities and communities of color continue to be targeted in an effort to destabilize the urban family.

This rise of militarism in American policing has come about without public discussion, and is often accompanied with a lack of both local and federal oversight. Maryland stands as the only state in the country that requires law enforcement agencies with a SWAT team to submit semi-annual deployment information, a law that was enacted after a small-town mayor was held at gunpoint for hours by the Prince George County SWAT team on false pretenses.  The SWAT team proceeded to murder two of his dogs.

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The Court finally shows up for work (Part I)

Thursday, June 26, 2014 at 6:11 pm by

The Supreme Court’s unanimous ruling in Riley v. California and US v Wurie has been hailed as a breakthrough for digital privacy, and it is. Lost in most celebration of the Court finally joining the 20th century, however, is an understanding of how it got there. Why this ruling came down in 2014 is crucial to understand for future debates over any number of issues.

A watershed case: the Court acknowledges digital privacy

Riley represents the first time the Supreme Court has even attempted to meaningfully embrace the privacy issues presented by the digital age.

A recent prior case, US vs Jones, addressed GPS tracking by local police. Jones vindicated checks on runaway executive power, though not on privacy grounds. While the Jones ruling rejected extended police GPS surveillance without a warrant, it did so on property grounds, protecting for landowners interests denied to others (namely, anyone who parks a car on a street, rather than behind a fence).

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“The fault line is shifting”

Wednesday, June 25, 2014 at 5:12 pm by

Earlier this week, BORDC’s Shahid Buttar appeared on The Big Picture with host Thom Hartmann to explain what he described as a “game changer” on congressional NSA reform, and to relate how members of Congress found “an alternative outlet for their outrage” about NSA spying.

Shahid explained that:

The last thing that had happened in Congress was a very meager version of the USA Freedom Act passing the House, and that could ultimately [do] more harm than good. The amendments to the House Defense Appropriations bill last week…reflected essentially a response by members of Congress who were frustrated by the White House and the Republican leadership of the House gutting the USA Freedom Act, and finding an alternative outlet for their outrage….

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House moves to rein in NSA Internet surveillance

Friday, June 20, 2014 at 11:13 am by

A year after whistleblower Edward Snowden revealed pervasive dragnet spying by the National Security Agency, Congress has finally begun to take action. Last night, the House “unexpectedly and overwhelmingly” voted in favor of a measure imposing two major limits on the NSA’s domestic dragnet.

By a wide and revealing margin, 293 Representatives came together across party lines to approve an amendment to a military spending bill that — if ultimately signed into law after agreement in the Senate – could deny funding to two particular NSA abuses.

First, the amendment aims to effectively prohibit NSA queries taking advantage of a “backdoor search loophole” (in which the NSA collects information about Americans by designating a foreigner with whom they communicate as the ”target” of their search). It would also prohibit the NSA from building security vulnerabilities into tech products made in the US, as it has for “computers, hard drives, routers, and other devices from companies such as Cisco, Dell, Western Digital, Seagate, Maxtor, Samsung and Huawei.”

Members of Congress from both major parties expressed the widespread popular outrage underlying the vote. According to a joint statement by Representatives Sensenbrenner (R-WI), Lofgren (D-CA), and Massie (R-KY), “Americans have become increasingly alarmed with the breadth of unwarranted government surveillance programs.” Rep. Massie also put it more colorfully, explaining that ”The American people are sick of being spied on,” evoking the words of Rep. Tulsi Gabbard (D-HI), who sharply criticized “this dragnet spying on millions of Americans.”

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