Liberty Maven

With the USA Patriot Act set to expire at the end of this year, and Congress mulling around even more nefarious replacements for it, it’s time to keep in mind the major items in it that make it evil (as compiled by the ACLU):

1. Search your home and not even tell you… by conducting secret “sneak and peek” searches of your home or office, without informing you that a warrant was issued.  (SECTION 213)
2. Collect information about what books you read, what you study, your purchases, your medical history and your personal finances … without probable cause.  (SECTION 215)
3. Label you a “terrorist” if you belong to an activist group … and the USA PATRIOT Act broadly expands the official definition of terrorism, so many domestic groups that engage in certain types of civil disobedience could very well find themselves labeled as terrorists.  (SECTIONS 411, 802)
4. Monitor your e-mails and watch what internet sites you visit … by monitoring Internet traffic and e-mail communications
   on any Internet service provider — *without* probable cause. (SECTION 216)
5. Take away your properly without even a notice or a hearing if the government merely says a person or organization has engaged in or is planning an act of “domestic terrorism.” The government could thus effectively bankrupt an organization with which it disagrees.  (SECTION 806)
6. Spy on innocent Americans by allowing a vast array of information on U.S. citizens to be collected and shared with the CIA (and other non-law enforcement officials) without proper judicial oversight or other safeguards.   (SECTIONS 203 AND 901)
7. Put immigrants in jail indefinitely.  The USA PATRIOT Act permits indefinite incarceration of immigrants and other non-citizens without the government having to show that they are, in fact, terrorists.  (SECTION 412)
8. Wiretap you under a warrant that doesn’t even have your name on it. Judges are required to approve a wiretap without even knowing who is to be wiretapped or where the wiretap is to be placed.  (SECTION 216)

Read more here and here.

D o w n s i z e r – D i s p a t c h

Please send Congress a letter objecting to any further funding for REAL ID.

You can copy what I said in my letter to Congress . . .

I’m upset that Congress just appropriated $60 million for the REAL ID national identification scheme. I’ve asked you repeatedly to repeal REAL ID, and replace it with nothing. I’m repeating my request today.

I do not want a centralized national ID system. It lays the foundation for a police state, and will do little or nothing to improve security. Instead, it will subject me to increased risk of identity theft, and eventually entangle me in new Congressional schemes to do things like control my health care decisions.

I also object because the REAL ID Act was passed under false pretenses. It was rejected three times by the U.S. Senate, and was only enacted because it was added to a larger bill containing funding for disaster relief and Iraq. REAL ID never could have passed on its own merits, but now that we have it, we can’t seem to get rid of it. But you, as my representative, can do something about this . . .

Please introduce legislation to repeal REAL ID and replace it with nothing. I’m paying close attention to how you represent me.

END OF SAMPLE LETTER

You can send your letter to Congress here.

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Look out, here comes the FBI. Not since the days of J. Edgar Hoover has a U.S. President use the FBI for “unsparingly un-American” practices, says Nat Hentoff, in a WordNetDaily op-ed.

As described by the Electronic Frontier Foundation, an ever-watchful guardian of the Constitution, these Attorney General’s Guidelines for Domestic FBI Operations authorize the FBI – without going to a court – “to open investigative ‘assessments’ of any American without any factual predicate or suspicion. Such ‘assessments’ allow the use of intrusive techniques to surreptitiously collect information on people suspected of no wrongdoing and no connection with any foreign entity. These inquiries may include the collection of information from online sources and commercial databases.”

FBI agents, moreover, as I have previously reported, can infiltrate lawful civic and political groups, along with religious places of worship, and may take into account, in their threat “assessments,” race, ethnicity and religion. The press has largely been uninterested in this suspension of the Bill of Rights – but we know a lot about David Letterman.

President Obama has expressed no objections to these radical revisions of the Constitution, a founding document he used to educate students about at the University of Chicago. His attorney general, Eric Holder, said calmly during his Senate confirmation hearing: “The guidelines are necessary because the FBI is changing its mission … from a pure investigating agency to one that deals with national security.”

It was the same Eric Holder who said, while George W. Bush was president: “I never thought that I would see the day when a president would act in direct defiance of federal law by authorizing warrantless NSA (National Security Agency) surveillance of American citizens.”

I keep waiting for President Obama to live up to any of his campaign promises.  Are we sure Bush isn’t still in office?

Read the entire Hentoff commentary here.

D o w n s i z e r – D i s p a t c h

Quote of the Day: “A danger foreseen is half avoided.” –Thomas Fuller (1608-1661)

A bill numbered H.R. 3471 calls itself “The REAL ID Repeal and Identification Security Enhancement Act of 2009.” The bill was introduced by Representative Steve Cohen, a Democrat from Tennessee. Here’s the good part . . .

H.R. 3471 would actually repeal the REAL ID Act. Thus, the REAL ID scheme to create a national identity card would be gone.

Here’s what we consider the pretend part . . .

H.R. 3471 also restores the identity security provisions of the “Intelligence Reform and Terrorism Prevention Act.”

These provisions are indeed better than those in the REAL ID Act. But there are aspects that lead us to view it in a more harsh light than perhaps some others would. Read what the ACLU says about the bills and see if you can spot the sticking point . . .

“Similar to the Akaka-Sununu Senate bill of 2007 and the Allen House bill of 2007, Rep. Cohen’s bill would eliminate most of the requirements that laid the foundation for a National ID card, such as the obligation that all data and systems be standardized. The proposal also requires a collaborative approach, called negotiated rulemaking, which would advise the Department of Homeland Security on how to maximize driver’s license security while minimizing the administrative burden on the states.”

The troublesome words are “most of the requirements that laid the foundation for a National ID card,” and “negotiated rulemaking.”

“Most of the requirements” doesn’t mean “all of the requirements.” In addition . . .

We’ve written an entire piece of legislation, called the “Write the Laws Act,” that would prohibit unelected Executive Branch bureaucrats from enacting any kinds of rules whatsoever.

The fact that these rules would (as we understand it) be negotiated with other unelected bureaucrats in the various states doesn’t make it much better, and it might even make it worse. Likewise . . .

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A speech informing citizens of the Fourth Amendment rights and my thoughts on my visit to Lancaster and meeting with Sam Ettaro of Republic Media and Renee Baumgartner yesterday.

by Jake Towne, the Champion of the Constitution

Originally published August 30, 2009 at http://towneforcongress.com/economy/4th-amendment-speech-against-lancaster-camera-surveillance

Sam Ettaro of Republic Media invited me to visit Lancaster, PA, in the middle of rural Amish country and speak at an event he organized there to stop the camera surveillance program there. I was glad to have a chance to give a speech on the 4th Amendment. Although many privacy advocates today believe this issue to be a muddied one, courtesy of the Supreme Court, if you read the Constitution it is crystal clear. However, since I had never been to Lancaster recently, I had no idea how widespread the camera system was. This story has national implications as the city is a prototype site for possible roll-out to other towns and cities across the USA.

I will be speaking at this event tomorrow, Saturday August 29th. I will not stand idly by while Orwellian surveillance schemes are implemented in my country. Where do you stand?

Originally published August 28, 2009, at http://towneforcongress.com/economy/press-release-protest-against-privatized-camera-surveillance-system-in-lancaster-pennsylvania

FOR IMMEDIATE RELEASE:

In Lancaster, Pennsylvania on Saturday, August 29, 2009, the Citizens Against Public Surveillance (CAPS) is holding a large protest against the implementation of surveillance cameras deployed in Lancaster, PA, and is inviting all who want a voice in this matter to attend. CAPS is a recent offshoot of the Lancaster Coalition for Sensible Security (LCSS), and is organized to end the hasty deployment of the privately run, Orwellian surveillance system in a city of 55,000 people with a 25% poverty rate.

The CAPS protest will be held this Saturday at Farnum Park (Water & Conestoga Streets) at 1:00 pm on Saturday, August 29, 2009. The protesters will then march to Lancaster Square at 2:00 pm for the rest of their rally. The theme of the rally is – “Take the cameras down.”

More information can be found at www.stopthecameras.com and a video describing the issue complete with interviews with Lancaster public officials can be viewed here. Rally is rain or shine.

Renee’ Baumgartner (CAPS) will speak in Lancaster Square, along with others that are concerned about the lack of accountability, oversight, and transparency for this system of 165 surveillance cameras. The system is designed to keep the public under constant general surveillance.

Jake Towne, 2010 candidate for U.S. Congress in Pennsylvania’s 15^th District, will be speaking about his experiences with camera surveillance while he was living abroad in communist China and how this camera system is a blatant violation of our rights as protected by the Fourth Amendment of the United States Constitution. Towne’s website is TowneForCongress.com.

PRESS CONTACTS:

Renee Baumgartner 717-587-9054 info@stopthecameras.com
www.stopthecameras.com/

Sam Ettaro 814-553-9372 [link edited for length]

D o w n s i z e r – D i s p a t c h

Quote of the Day: “PASS Act is REAL ID 2.0″ — Electronic Privacy Information Center

“A bill to repeal title II of the REAL ID Act of 2005 and amend title II of the Homeland Security Act of 2002 to better protect the security, confidentiality, and integrity of personally identifiable information collected by States when issuing driver’s licenses and identification documents, and for other purposes.”

That doesn’t really tell you much does it? It sounds like the PASS Act is designed to protect you from identity theft. Some people could also assume that the REAL ID Act is being repealed, but in reality . . .

* The PASS Act is similar to the REAL ID scheme for a national identity card
* The PASS Act could make identity theft easier because of it’s reliance on centralized databases and RFID chips that can be read at a distance

Our politicians are nothing if not tenacious. They don’t quit, so we can’t quit either. We must show them that we have more staying power than they do. It’s time to ask, once again, that Congress repeal the REAL ID Act and kill the PASS Act. You can send a letter to your Congressional employees using our Educate the Powerful System (sm).

Here’s what I’m saying in my personal comments to my House rep., and to my two Senators . . .

“I’ve asked you repeatedly to repeal the REAL ID Act. Please be aware that I know you have the power to introduce legislation to accomplish this goal. You do not need permission from anyone to draft and introduce such legislation. Just do it, so that others can follow the banner you raise. Neither I, nor the vast majority of the American people, want either the REAL ID Act or its proposed replacement, the so-called PASS Act. You can earn major brownie points with me by introducing legislation to repeal REAL ID, but you will earn major demerits if you do not introduce such legislation. I am paying attention.”

Use DownsizeDC.org’s “Repeal REAL ID” campaign to send your letter to Congress.

In addition, if one of your Senators appears in the following list of co-sponsors of the PASS Act (S.1261) please call them and say the following: “I’m disappointed that my Senator is co-sponsoring the PASS Act. I would much prefer that he introduce legislation repeal the REAL ID Act.”

Here’s the list:

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D o w n s i z e r – D i s p a t c h

Quote of the Day: “You can make a small fortune in farming – provided you start with a large one” – Anonymous

When we first launched our Freedom to Farm campaign back in April, we mentioned that House Energy and Commerce Chairman Henry Waxman said “he intends to pass a strong food safety bill soon.”

This bill we warned you about, the 109-page H.R. 2749, is Waxman’s promise.

The good news is that some of the most egregious trial balloons from earlier bills such as H.R. 875 have gone by the wayside . . .

* There will be no new Food Safety Administration bureaucracy
* The bill seems to define “farm” in such a way that backyard gardens won’t be included in the regulations
* Direct farm-to-consumer, farm-to-restaurant, and farm-to-grocery store transactions will be exempt
* There is no implementation or incorporation of the National Animal Identification System (NAIS)

YOU are to be thanked for this. DC Downsizers were part of a large army of concerned citizens that killed earlier bills.

But the bad news is very bad. This bill . . .

* authorizes warrantless searches of farms
* imposes a $500 tax (or “registration fee”) of all operators in all steps of the food production chain
* imposes civil penalties up to $20,000 per individual for each violation
* creates a food trace-back system, burdening farms and small businesses with reams of new paperwork
* empowers the Dept. of Health and Human Services to micro-manage the raising and harvesting of crops (you might have assumed that Congress would’ve handed the U.S. Dept of Agriculture this terrible power).

In essence, Congress wants to punish the innocent and protect the guilty. It is not small farms and businesses that were the source of contaminated food scares, but rather the processing facilities of large corporations. Yet this bill will only drive small farms out of business, which means reduced competition and higher prices in an already-bad economy.

Please use DownsizeDC.org’s proprietary Educate the Powerful System to send a letter to Congress telling them to defeat H.R. 2749. Tell them the bill will only hurt competition and put undue burdens on small farmers. Let’s send enough messages to frighten Congress and kill this bill.

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Here is yet another story about those who are supposed to serve and protect, harassing and abusing instead. One wonders how often these events occur but never rise to “Rodney King” proportions.

At least Ryan McCain’s story (included below) ends well. My Brother-in-law was in a similar situation recently. His pickup truck broke down, he fixed it on the side of the road, and to test it out drove a bit and turned down a gravel road. When he turned around 3 police cars screeched into view, cops jumped out, guns drawn yelling. Apparently they thought he had stolen his own car. Of course, checking the registration didn’t stop them from taking him to the station before releasing him. This story, the Steve Beirfeldt/TSA story, the one included below, and countless others make me believe that these are not just isolated incidents. They are a disturbing trend.

Ryan McCain shared the following “isolated incident”:

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D o w n s i z e r – D i s p a t c h

Quote of the Day: “Security is mostly superstition.” — Helen Keller

The PASS Act is a fraud. PASS ID is REAL ID by another name. Jim Harper at the Cato Institute has done a fabulous job of dissecting all the frauds involved in the PASS Act. If you care about the details then we highly recommend that you read his short analysis.

We’re going to focus on just one detail here. One fear about REAL ID is that you would need it to have a job, or do anything really. But what if you were denied a REAL ID because of mistaken information or some bureaucratic blunder? Think, for instance, of all the non-terrorists who have ended up on the terrorist watch list. In that case…

You would become a non-person.

To address this concern the PASS Act would enable you to access and change your own personal information. Sounds good, right, but think again…

What you can access to change, others can access to steal.

In fact, a terrorist could probably do it, and maybe even get a PASS ID with which to commit a terrorist act using your identity.

In other words, a REAL ID, or a PASS ID, which we supposedly need in order to protect us from terrorism, could actually become a tool for terrorists.

This is what happens when politicians and bureaucrats try to devise vast, complex, top-down schemes to protect us from every conceivable danger and problem. Such ambitions are utopian and ultimately harmful.

We agree with the late great Helen Keller, who again provides our quote of the day (we have used this one before, and we’ll use it again): “Security is mostly superstition.”

It’s a simple fact — the world is full of dangers, and we’ll never be rid of them all. We must focus our efforts to protect ourselves on the things that really matter. Some dangers are significant, but most are not. We assert that…

The danger posed by terrorism is probably temporary and extremely insignificant compared to other risks we face daily, like lightening strikes, automobile accidents. and warring drug gangs. By contrast…

Huge, and permanent, dangers are posed by centralized, government databases and national ID cards. Any such scheme will ensnare all of us in endless complications, many of which we cannot now imagine.

Tell your congressional employees to repeal the REAL ID Act and reject the PASS Act.

Use your personal comments to point out that the drive for an electronic national ID system is inherently contradictory, because measures to protect citizens from being harmed by the system will make it easier for terrorists to exploit the system, while attempts to protect the system from terrorists will end up harming innocent citizens.     Read More »