Liberty

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,”

June 1, 2011 by admin Big Government Civil Rights Controversy Freedom Stupid People

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?

May 26, 2011 by admin Civil Rights Freedom Mainstream Media

Death and Taxes

Death and Taxes Redux (4/13/2011)

Attending funerals I reflect on death, and although inevitable we deny our mortality one statement that intrigues me is the saying, “Only two things are known; death and taxes.” I know with certainty I will die and everyone around me will die, someday. Of course cause of death cannot be predicted but risks associated with death can be minimized and each of us tries to live with a goal of prolonging life and we fight death with all of our might but cannot stop its inevitability. Taxes, however, are not an absolute, but we evolved to accept taxes part of our being, just like death. Instead of continually working toward ending this other ‘absolute’ in our lives our society seems willing to perpetuate this self-destructive mechanism upon ourselves.

Taking a step back, maybe a better word for tax would be “privilege payment”. We pay for the privilege of living in a civilized society, and this argument could be made throughout human history. Most of us are willing to contribute a nominal amount of our individual efforts to support the purported common good of the society in which we live. I accept there is a cost to civilization as I expect infrastructure for safe water, sewage disposal, defense, and transportation.

Regardless of the specifics of the individual line items that we agree to tax ourselves for, we should constantly examine the necessity. I choose to minimize the risks I take in my daily life, exercise, eat well and therefore am hopefully prolonging my life and cheating death. I argue that we no longer do the same regarding taxes and instead readily acquiesce to taxing our individual efforts and allowing the state to control and disburse them. I assert we have voluntarily enslaved ourselves to an entity that we may not be able to escape.

Death is inevitable; the process of self-destruction through taxation is not. Taxes are acceptable when presented with a true cost and benefit analysis, a clear exit strategy from the tax, and a method to provide for checks and balances against a tax. If you were taking an inventory of your personal health in an effort to ensure you were prolonging your life you would question every risk, every activity, and eliminate those that are harming you. This same analysis must be performed frequently and regularly regarding taxes. We must question every dollar that is spent and be willing to take tough measures to eliminate waste, just as you would do personally.

April 17, 2011 by admin Big Government taxes

Hypocrisy

Hypocrisy (03/30/2011)

I consider hypocrisy to be the most appalling and disgusting action someone can take. I believe examples abound like politicians campaigning for family values then engaging in affairs, organized religious leaders looking away from rape by their clergy, preachers wrapped in wealth, or global warming followers driving jets and SUVs. Many on the right are struggling with the hypocrisy of the press; their basis of accusations of liberal bias against the mainstream media. Out of fairness, our media has never been held accountable for any reporting, no matter how inaccurate. With the Libyan conflict though it appears a “wink-wink” of approval has been made to the current administration.

In December 2007, Senator Obama said: “[the] president does not have power under the Constitution to unilaterally authorize a military attack in a situation that does not involve stopping an actual or imminent threat to the nation.” Shortly thereafter Senator Obama was supported by Senator Joe Biden who pledged to start impeachment proceedings against President Bush if Iran were attacked without congressional approval. Ironically, we find ourselves with the hypocrisy of our President and Vice President doing exactly what they accused Bush of doing. On March 19, 2011 President Obama stated, “Today we are part of a broad coalition. We are answering the calls of a threatened people. And we are acting in the interests of the United States and the world.”

Hypocritically the question must be raised as to how Obama could make such a statement, and ignore his prior assertions of Presidential authority. Over the last several weeks uprisings have occurred throughout the Middle East, starting with the self-immolation of a fruit stand worker in Tunisia. Each of the middle-eastern governments has turned on its citizens: Tripoli, Yemen, Bahrain, Libya, and of course our oil-rich ally Saudi Arabia. While the President had psychic-like success with his NCAA basketball picks his reason to start a war with a meaningless dictator remains a mystery. Whether or not I agree with Mohammar Qhaddaffi, Libya is a sovereign nation entitled to manage her affairs, or the same principles shall apply to China, Korea, Venezuela, and most of the middle-east. Protected by our media it is easy to see the quick dismissal of the hypocrisy of the situation, as a lover will always look away. “Hypocrisy is a fashionable vice, and all fashionable vices pass for virtue,” – Moliere (1622-1673).

April 17, 2011 by admin Big Government Mainstream Media Muslim Obama Terrorists

My Buddy Neil (1/26/2011)

My buddy Neil is a great guy and well entrenched in his opinions as he is in his mid-70’s. One topic which always leads to vigorous, friendly disagreement is politics; as a senior citizen Neil enjoys and takes advantage of many of the programs offered him, like Medicare and Social Security. Overall, he feels entitled to benefits available to someone like him who worked hard all his life. I guess I can’t blame him, but I grew up being told social security would not exist when I needed it. In fact, it is now broke and taking in less money than payouts. Sadly, the government “borrowed” against the Social Security trust fund and there is nothing but journal entries reflecting what should be a solid program.

Meanwhile I, in my mid 40’s, feel like I carry the world on my back to produce and earn income, not only for my own family, but due to taxes for many other people too. Neil and I have conflict on what we see as the role of government. Last week we discussed politics: Obama, Fox News, Democrats and Republicans. In the course of conversation Neil commented he didn’t realize I write this column every week, thinking I was an occasional guest appearance. He challenged me, wondering about my position and I explained I try to hold a middle ground and this earned a respectable smile.

I quickly reminded him I don’t have cable television and therefore the opinions I write are original. He asked how I see the world, “left or right?” I replied I have realized during the last 70 columns I am a libertarian and my friend’s eyes opened wide whilst asking me to define myself further. Suddenly I found myself defending what I would call the anarchists view of libertarian politics. Instead, I explained my definition of libertarianism is quite easy, “we need nothing more than 7 of the 10 commandments and they serve as a guidebook for libertarianism.” In short, in the middle, I believe less government is good; I can make better decisions than anyone else can on my behalf, and we should not legislate against stupidity. As the “Man in the Middle” I try hard weekly to maintain a balance and offer original opinions and insights. By the way I sent Neil my last 70 columns and look forward to debating what he reads.

January 26, 2011 by admin General Rant

Free Speech

I argue the most important freedom we have under the Constitution is the right to Freedom of Speech. It is interpreted as the right to speak freely without censorship or limitation. As defined in our own First Amendment to the Constitution, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

Sadly though, something happened over the last century, accelerating rapidly over the last two decades. I previously wrote freedom of speech must remain free of tests, and the most important speech is one making us uncomfortable, but yet allowed. It is free speech protecting news media, web sites, and our access to information. We take for granted the freedom of the Internet and our assumed rights to read, review, and see any content. Of course, we are aware countries like China and North Korea censor their citizens’ access to web sites and news, especially political discourse contradicting their governments. We assume this will not happen in America, but quite the opposite is true.

Last week Senator Lieberman proudly announced his success pressuring Amazon.com to remove Wikileaks from its servers. Bill O’Reilly called for the execution of Wikileaks’ Julian Assange on his television show and Sarah Palin similarly did the same. The narrow-mindedness of these pundits is more concerning than the actions of Assange. Our willingness to have “hate speech” protections in America caused a young man in Kentucky to find himself sentenced to prison for three years last week after writing a poem titled, “The Sniper,” a concerning poem narrating the assassination of President Obama, but one that should be protected by the First Amendment nonetheless.

Many would argue some speech is bad, but I assert you must accept all speech to truly enjoy freedom of speech. The writings of Thomas Paine and Thomas Jefferson granted our liberties and released us from tyranny. Using today’s standards their writings are treasonous and require “balance” and an investigation by Homeland Security would ensue with both men finding themselves on Domestic Terrorist watch lists; there would be no American Revolution. No matter how uncomfortable, the right to criticize and question our government leaders gave us our freedoms and we must continue to monitor and fight to keep this right to free speech. “Censorship reflects society’s lack of confidence in itself. It is a hallmark of an authoritarian regime,” Potter Stewart

December 15, 2010 by admin Civil Rights Freedom Stupid People

wikisuccess……

I have been stunned by the number of times I have asked friends and family about Wikileaks and their opinion last week and they knew nothing. Although Wikileaks was splashed all over the headlines, sadly it appears Cybermonday is far more important to most Americans. Last week the talk show personalities and government officials were quick to offer their condemnations, calling the actions of Wikileaks treasonous and criminal. Anytime the media, government, and the entire political spectrum agree it is worth considering the contrarian position. Personally, I have a strong contradictory opinion in support of Wikileaks and want to make a case for my opinion.

I have watched Wikileaks evolve over the last several years as a safe haven for whistleblower journalism. Julian Assange is an Australian born hacker who ran a software company and is the public persona of Wikileaks. The catalyst for the web site was capturing internet traffic in China, observations and secret emails by the Chinese government several years ago shared by dissidents who required extreme protection for fear of ultimate retaliation by the Chinese. With the protections of Swedish law regarding anonymity to sources of the Press, secure servers around the world, and safe drop boxes for information Wikileaks became the ultimate whistleblower web site. Not only has the site shared government secrets, but individuals have posted corporate details leading to arrests.

In April 2010, after funding and server problems, Assange splashed Wikileaks across the front pages of the news worldwide with the release of secret documents describing U.S. killings of civilians in Iraq in 2007. In July 2010 Wikileaks released the “Afghan War Diaries” and Assange was instantly condemned by both the press and government for recklessly putting troops in harm’s way through the document release. However, the Afghanistan documents brought to light government cover-ups regarding friendly fire and civilian casualties. At the time, I researched this release wondering about the legality and learned of a similar, earth shattering release of government information made by Daniel Ellsberg in 1971, “The Pentagon Papers.” Ellsberg was vindicated by the Supreme Court ruling the Constitution guarantees anonymity, at least in the area of political discourse.
With the release of last week’s documents, now labeled “cablegate”, Assange has become a permanent thorn to the U.S. government. Both sides of the aisle have called his acts treasonous and are seeking his arrest. He is reviled by many and wanted by Interpol, for consensual sex without a condom in Sweden. I argue the headlines are made to discredit Assange and tarnish his public reputation. Sarah Palin has blasted Assange, Clinton accused him of an ‘attack’ on the world, and Senator Lieberman successfully shutdown servers and related Wikileaks documents in the United States.

The documents show embarrassing corruption in the Afghanistan war, orders to spy on delegates to the United Nations by Secretary Clinton, and accusations of mafia like activities by the Russian government. I believe the documents show the true nature of our government, and governments worldwide, an elitist class of buffoons in charge of public policy using their positions of power to promote personal self interests. We all learn in high school we should live our lives as if our actions are to make front page headlines on the New York Times. In this case, with the release of documents dating back 40 years the true opinions and ineptness of our government officials is now public.

Those against the release of Wikileaks argue the documents will result in the loss of life to secretly placed operatives and erode progress of political negotiations, but no one has died as a result of Wikileaks. Cablegate has shed light on African governments stealing billions for personal gain, negotiations by the U.S. with terrorist nations, and acknowledgment of civilian loss of life in our wars. I am shocked the media is not more supportive of Wikileaks and can only assume the embarrassment of being “scooped” by one outside their ranks, similar to Matt Drudge during the Clinton years, has alienated support.

I argue government must be held to the highest standard, one that operates with ultimate transparency. Without the spotlight of transparency the citizens are subject to corruption, theft of public funds in the treasury, disregard of the law, and in some cases death. Assange promises the next release will reveal details of a large bank institution’s handling of the financial crisis. I believe public opinion and the media anchors will offer applause when Wikileaks offers the same insights inside a private corporation and comments similar to those made by our government leaders inside a board room would make the late night talk show monologues rife with jokes, not condemnation. I want my government held accountable and operating with the highest integrity and moral fortitude, I applaud Assange and his courageousness. History will reflect his actions as critical to the safety of citizens worldwide and changing the way government operates.

As I write this column, Saturday December 4th, 2010, the Wikileaks.org web site I visited multiple times earlier in the week is no longer accessible. Internet purists are working on new technologies to bypass government interventions and maintain ultimate freedom of information on the web. I do not live in China, I do not want censorship, and I do not want the tyranny of a government hiding from its own illegal acts.

December 9, 2010 by admin Big Government Civil Rights Controversy Mainstream Media Stupid People

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.

November 24, 2010 by admin Big Government Freedom Terrorists

Carbon Copy America

My wife and I came down off the mountain this weekend and visited “civilization” to engage in the most popular sport in America: leisure shopping. Visiting the Mall of Georgia is like visiting Altamonte Mall. The similarities start with traffic lights, waiting to make turns, localized strip malls with a variety of specialty stores, car dealers using balloons to lure naïve consumers, and franchised eateries overfeeding overweight patrons. My first inclination is to shop locally, like I did in New Smyrna at Coronado Hardware or eating at the Dolphin View, but lacking choices I was forced to head to the Mall.

My intent here is not to complain about the Mall, but to comment on willfulness to trade perceived success for lost identity. I have previously written about the “good old days”, circa 2006 during the boom, and also commented on the loss of small towns in my column, “Taking Back Roads.” At the end of our shopping expedition on Saturday my wife, LeeAnn, said, “we could be anywhere in America. Looking around the stores and architecture are no different here or in Altamonte Springs, Ft. Worth, or Minneapolis.” Her observation was spot on; we chose the economic path that brought our destruction and it started in the early 1990’s. Thinking back to the 1970s and 1980s, appliance and electronics stores were locally owned; Home Depot, Lowes, and Best Buy did not exist except in their original markets. Wal-Mart was a regional Arkansas chain, not a megastore found in every town in America. Even the Mall’s department stores appeared quirky to the out-of-state traveler as they represented decades old local businesses like Burdines, Daytons, Wanamakers, and Gimbels. And of course, the out parcels of Linens and Things, Old Navy, and Michaels did not exist.

In the 1990’s with easy access to money, a rapidly rising stock market, low barriers to brokerage services and do-it-yourself investment attitudes the economic boom erased our identity. Local architecture and business acquiesced to national franchises and bland buildings void of character delivering mass-produced Chinese merchandise meant to symbolize success to anonymous strangers. On a local level builders nationalized and did the same, trading character for mass production of McMansions with bathrooms larger than the prior generation’s living rooms. New Smyrna Beach and Cleveland, Georgia lag behind, but yet both claim progress by advancing box stores and abandoning local business heritage. Just push “Copy”, America has lost her character.

August 18, 2010 by admin Economic Development Great Recession Mainstream Media Peak Oil Stupid People