Your Rights Under Attack: What A Difference 100 Miles Makes

Stock Photo of the Consitution of the United States and Feather Quillby Gene Howington, Guest Blogger

We are all aware of and concerned about the steady erosion of our civil rights at the hands of ever overreaching Federal government. It is a topic that brought many of us to this blog and a topic that draws more audience every day. The latest victim of tyranny is the 4th Amendment. The 4th Amendment to the U.S. Constitution reads:

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.”

Seems pretty straight forward.  However, the DHS has apparently decided to void the Constitution if you live within 100 miles of the U.S. border. Your electronics may be seized and your data searched if you live or are travelling within 100 miles of the border. This is not a new story. This policy has been known since 2008.  From the beginning there were calls for Congress to reign in the overreach of the the Department for Reich, er, Homeland Security that went unheeded. Most of the calls were for residential traveller exemptions. However, there are new developments. This draconian policy, neglected by Congress, has been unilaterally declared just fine and dandy by the DHS itself in yet another example of the Executive unilaterally claiming unconstitutional powers over citizens with their only check being their own rubber stamp. This policy not only vitiates the 4th Amendment, but has implications for the 1st and 14th as well.

To get an idea of the scope of this “Constitution-free Zone”, consider this map:

ACLUbordermap

Consider too that fully two-thirds (2/3)  of the United States’ population lives within this Constitution-free Zone.   That’s 197.4 million people, including everyone in Hawaii. And Florida, Rhode Island, Maryland, Connecticut, New Jersey, Massachusetts, Maine, New Hampshire and Michigan. Aloha!

Regarding the 4th Amendment concerns, the DHS (in their superficial two page memo) declared that “We also conclude that imposing a requirement that officers have reasonable suspicion in order to conduct a border search of an electronic device would be operationally harmful without concomitant civil rights/civil liberties benefits.”  Yeah, who needs those pesky Constitutional protections when they interfere with the DHS doing whatever they want to mind your business. What is perhaps most troubling about this memo is its superficial nature. That conclusion quoted above? Is the entire breadth and depth of their analysis in justification of this policy. It is the legal equivalent of “because we said so.”

Their stunning hubris and lack of substantive rational also stretched to the 1st Amendment:

Some critics argue that a heightened level of suspicion should be required before officers searchlaptop computers in order to avoid chilling First Amendment rights. However, we conclude thatthe laptop border searches allowed under the ICE and CBP Directives do not violate travelers’First Amendment rights.” – That is their entire analysis, by the way.

The 14th Amendment does manage to garner more attention than either the 1st or 4th though:

The Constitution forbids intentional and invidious discrimination by the federal government on account of race, religion, or ethnicity. Accordingly, we recommended that CBP supplement the Department’s overarching antidiscrimination policy by stating explicitly in policy that it is generally impermissible for officers to discriminate against travelers—including by singling them out for specially rigorous searching because of their actual or perceived race, religion, or ethnicity, and that officers may use race, religion, or ethnicity as a factor in conducting discretionary device searches only when (a) the search is based on information (such as a suspect description) specific to an incident, suspect, or ongoing criminal activity, or (b) limited to situations in which Component leadership has found such consideration temporarily necessary based on their assessment of intelligence information and risk, because alternatives do not meet security needs. CBP agreed and this change has been implemented.

In addition, we recommended that CBP improve monitoring of the distribution of electronic device searching by race and ethnicity by conducting routine analysis, including semi-annual examination of electronic device searches by port of entry. After controlling for known relevant and permissible factors, such as port traveler demographics, and inclusion in watchlists, lookouts, and targeting rules, the analysis should assess whether travelers of any particular ethnicity—estimated using document information and name analysis—at any port of entry are being chosen for electronic device searches in substantial disproportion to that ethnicity’s portion of all travelers through the port. Data and results should be shared with CRCL. This recommendation is being implemented on an ongoing basis.
As part of conducting the impact assessment, we reviewed data on all non-watchlist-related device searches in FY2009 and FY2010 (Oct. 1, 2008–Sept. 30, 2010); we did not find evidence that searches were prompted by the ethnicity of travelers. If from future analysis of data it appears that electronic device searching in any port has a substantial unexplained skew towards travelers of one or more ethnicity, we have recommended that CBP work with CRCL on developing appropriate oversight mechanisms; subsequent steps generally should include a requirement of supervisory approval for searches (absent exigent circumstances) or enhanced training, and may include other responses to ensure that such concentration is not the result of bias or other inappropriate decision-making. CBP has agreed.” [emphasis added]

I feel so much better knowing that they aren’t discriminating indiscriminately when violating the Constitutional rights of citizens unless their “component” leadership decides it is otherwise necessary. I also love that they capitalized the word “component” in the memo. It instils the greatest faith that their components are probably incompetent.

Is this matter worthy of Congressional redress? Some think so, but there has been no movement on the proposed Travelers’ Privacy Protection Act (.pdf), introduced in the Senate by Senators Russ Feingold (D-Wisconsin) and Maria Cantwell (D-Washington) in 2008 and it is dead in committee in its current form.

Is this matter worthy of judicial review? Absolutely. History teaches us that unchecked power remains unchecked as long as it is unchallenged.

Is this a symptom of a wider problem with the Executive? I think unquestionably so. From border policy to drone policy to detention policy to the kill list, we see an ever increasing move by the Executive to claim unitary power and use it to dispose of our Constitutional rights. I think reigning in the abuses of the Executive branch should be the number one priority in every upcoming electoral cycle until the problem is addressed and the Office of the President brought back into the fold of the checks and balances created by our Founding Fathers in the Constitution. Why? Because of the historical parallel of an Executive chipping away at citizens rights and the powers of the courts and legislature and how that ended. You all know his name. A minor league German pol that rose to power on a message of fear and hatred to eventually become one of the greatest monsters in human history. To think that it can’t happen here is a myth of epic proportion.

What do you think?

Source(s): Wired (1, 2), ACLU (1, 2),  U.S. Constitution, DHS Civil Rights/Civil Liberties Impact Assessment Border Searches of Electronic Devices (.pdf), Travelers’ Privacy Protection Act (.pdf), Tracking on Travelers’ Privacy Protection Act

~submitted by Gene Howington, Guest Blogger

76 thoughts on “Your Rights Under Attack: What A Difference 100 Miles Makes

  1. Scary news Gene. I am also confused by the Great Lake states being included in the Coastal water designation. Chicago is over 300 miles from the Canadian border, but because it is on Lake Michigan, it also is included??! Since I live within 100 miles of Lake Michigan, can DHS come to my house to search my laptop? Or do I have to be traveling on a plane, train or automobile? It would be hilarious if it wasn’t so scary.

  2. I am stunned to find out that I live in a Consitution free zone. Why is it that none of our elected representative who have sworn to protect and defend the Constituion from enemies foreign and domestic have said a peep about this? The State of the Union is becoming more and more depressin. Could some one remind me why I voted for Obama? Oh, I remember he was the lawyer of two evils. Depressing.

  3. Damn. I was beginning to get used to the lack of most of the Bill of Rights. Now you hit me with this and a bit more is gone. What’s left? The 2nd amendment but that’s under attack, too.

  4. raff,

    My reading of it is if CBT has a suspicion about your electronics, reasonable or not – unfounded or not, they can seize it where they find it as long as you are within 100 miles of the border. As to Chicago, apparently the DHS considers the border starting at the water line.

  5. Thanks Gene. That is how I read your source material. It is amazing that 75% of the population of Illinois is in a “Constitution Free Zone”! I have to go get my tin foil hat on now to protect them from searching my brain matter.

  6. Raff… Think Florida…. Michigan….there is no point more than 85 miles from the Great Lakes…. All of or mostly all of New England….. This is probably the most important issue gene has written about in a while….

  7. I carry a cell phone. It does exactly two things. Send and receive phone calls. Voicemail? Forget it. Pictures? Nope. Speed-dial? Nope. Games or apps? Nope. I have not even bothered to learn how to use my daughter’s smart phone because I have no use for one.

    It is not because I am a technophobe. It is deliberate.

    I recall reading about a well known political activist who traveled outside the country. When he came back through customs, they asked to see his cell phone. He told them it was at home in a dresser drawer. The customs people seemed angry and upset and called him a liar. He simply grinned and replied he did not take his regular phone with him for this very reason. When he gets to his destination, he buys a throwaway cell phone, then destroys it and tosses it in the trash before returning through customs. They were truly pissed with him for not having a cell phone on his person or in his luggage.

    I have a friend who has a spare laptop for travel. It has absolutely nothing on it but the basic programs that can open files on a CD. He keeps all his files on a confidential encrypted account that he accesses as needed, then deletes and wipes. Basically, he uses his traveling laptop as a “dumb terminal.” He is a forensic scientist and does not want the results of any of his investigations to fall into the hands of ANYBODY. The laptop he got is a small one, and has no files on it. His original purpose was that he takes it with him to court, rather than a briefcase full of papers. Before going to court, he copies all the files on that particular case to a CD or DVD. If counsel opposite demands to see his file there is nothing on the laptop but the file on that one client.

    It is a sad state of affairs that we have come to this.

  8. I don’t own a laptop. I used to but hated it. My fingers don’t fit laptop keyboards very well–my hands are the size of the average NFL wide receiver. If I did get a laptop for travel, I would do what my friend does, and keep it blank, accessing my files remotely. One thing I would do, my screen saver would be a copy of the 4th Amendment scrolling across the screen.

  9. GeneH,

    Hear, hear!

    Humor with lethal likelihood? Or the fear that you all should be feeling, and apparently do. What is my answer?

    Just to show my confusion as to GeneH’s position, I ask if DHS or CBP is the proximate cause and if there is proof of it.

    When I point with fear, I get skit for it. When GeneH does he gets praise.
    Hardly fair or egalitarian.

    Anyway, skit aside, it was a fear raising post.
    And do we think that Congress or the Courts will do anything about it?

    You can bet your sweet drone that they won’t.

  10. The “scrolling 4th Amendment copy” is a good idea.
    And lets all buy dumb cells and blabla PCs. I say blabla because I did not understand what kind it was and could not master the tech part anyway.
    But might just buy one to frustrate the DHS with the scrolling etc.

    I suspect that they will seize me at the border. Anyone living 44 years voluntarily in another nation is SUSPICIOUS.

    And yeah, I think they will search your home and all things there. Living close to the border is good enough suspicion, and they will willingly swear to it.

  11. Thanks a lot Gene. :) It warms the cockles of my heart to know that I am living in a Constitution free area, which I always suspected about Florida anyway. Now it seems that my summer home is also in the Constitution Free, area even though it is located in the mountains more than 100 miles from NYC and seemingly foreign borders. It is both interesting and distressing that the birth of these liberties can be traced back to 13th Century England as an aspiration for “free men”. Our Constitution was an attempt to roll back the deterioration of those “Magna Carta” principles in England that occurred from the 14th Century onward.

    Fear is always the handmaiden of oppression. We saw Lincoln suspend the right of habeas corpus in the Civil War. We saw the purges of the “Red Scare” during and after WWI. We saw the illegal imprisonment of Japanese Americans after Pearl Harbor followed by the “terror” of the USSR with McCarthyism following in its heels. In Viet Nam our fear of the “Domino Effect”
    led us to disaster. 9/11 though seems to have engendered such fear in us that we are Abandoning the Bill of Rights wholesale, except for the Second Amendment. The only freedom being left to us is to own firearms, which seems to me far less important than our other ones. However, there is profit to be made in weapons manufacture and distribution. Profit at all costs has become the new “America Way”.

  12. Rafflaw,

    Read Scientific American Dec 2012. They got electronic patchs which can be applied to the nape of the neck which (heat powered) can relay your brain waves to a nearby monitor, etc etc.

    And we thought 1984 was scary.

  13. You are absolutely correct in your analysis on our erosion of civil rights. Talk to most people, including those that watch “news” and you find out how lacking they are in a basic understanding of 1) what our rights are, and 2) how things have been changing over the past several years.
    A few months ago, most did not know about a President’s kill list, despite Eric Holder explaining the policy last year. Now that it is public the response is “oh well, I think their killing terrorists so its must be good”.
    Where will it end?

  14. Almost like they were targeting liberals?

    OS, Great idea for screen saver.
    I’d be a little worried that it might get me shot in
    the arse or something… You know how they fear for
    their lives these days… A constitution can be very
    very scary.

  15. This is a study that has been replicated a number of times. As a class assignment in civics or government, students go to a public place, such as a mall, set up a table, and ask passersby to sign a petition. The “petition” is the Bill of Rights, paraphrased into modern easy to read language.

    Very few people are willing to sign the “petition.” The average mall shopper does not recognize the Bill of Rights.

    Students have been called Commies and traitors, and those are just some of the names that can be put on this blog without tripping the bad language filters.

    We are in more danger than many people realize. And our “leaders” and financial sector wizards want to keep it that way.

  16. Bud, there are reports in the news of travelers being hassled at airports by TSA for having sections of the Bill of Rights silk-screened on their t-shirts. TSA finds the Second and Fourth Amendments especially offensive and possible “terrorist threats.” People have been forbidden to fly while wearing that on their clothes.

  17. i have run out of money to support the ACLU and still have a home. What do the people do now? We have all the questions what about the answers to this problem.

  18. ID,
    They don’t need any electronic patch. They can just electronically spy on my phone calls and emails. They may get bored though!

  19. .Who knows, one of these days the so-called government of the people may actually dial the temperature a bit too high for us frogs in the pot of water, just before we doze off into a lovely boil.

    Question is, then what? There really don’t seem to be any functional levers around adequate to adjust the authoritarian government juggernaut.

    Will we still be debating the ‘lesser of two evils”?
    Forgive my fatuous little romp through paranoid-land. Couldn’t ever happen. nah. Just look forward.

  20. Gene,

    Thanks … excellent education.

    And kudos to OS too for the useful information and the link.

    Time to pen another letter/email to my Representatives.

  21. the answer is to quit voting for party and start voting for people who will defend the Constitution. But liberals dont like conservatives and conservatives dont like liberals.

    And conservatives dont like abortion and liberals dont like free markets [and neither do many conservatives] and everyone likes the free sh*t that comes to their counties by way of their elected representatives. And no one is willing to close the base in their town or not build the bridge that only serves 100 people per week.

    And then there are the people who want art funded by government and who can ignore the people who want science funded by government. And then there are the corporations who want government to spend money advertising for them and corporations who want money to stay afloat.

    Then we have to make accommadations for the third world dictators who steal foreign aid dedicated to their people and show up in the news as the worlds richest people.

    We deserve what we have, we have thrown away something good for 30 pieces of silver. We have traded security for money in our pockets and we now have neither. What we have is an out of control government run by wanna be thugs who now need to protect their own jobs and who, apparently, will do it at our expense and at the expense of freedom.

    We suck and we are fools. We let this happen, we did it to us. We can undo it by voting for real people who understand the Constitution as a document which protects individual rights, not as a document which provides free sh*t to anyone who wants it and legislation to fix things that dont need fixing.

    Vote for non of the above in 2014 and find someone in your community who is a decent person and who understands the Constitution.

  22. Bron,
    I don’t mean to argue, but I take exception to your claim that liberals don’t like the free market. Nothing could be farther from the truth. Liberals just want the free market to be free of rules bought and paid for by the wealthy. We are against monopolies and large chains and conglomerates that force out small businesses. Plus, I am no fool, although I can be foolish at times and I do not suck…except in Geometry!

  23. Bron, and how many of the Constitution loving “conservatives” do we expect to stand up for the Constitution by voting against Brennan. Or grilled him seriously in committee, except the usual kabuki? Are you throwing in the towel on the republicans too or is this an advertisement for them? At some point we all need to cut through party labels when we aver that we want to talk substance. Too much of the hypocrisy of our politics, IMO, is that the ground is constantly shifted. Either I’m for principle, to the extent I can find a pol with any, or I’m not.

  24. DonS:

    Not at all, I think both parties did this to us. And I am all for voting for someone who would follow the Constitution. Liberal or conservative makes no difference to me.

    I live in Virginia and our attorney general is running for governor, I am pretty sure he was behind the forced sonogram of women, if he was he isnt getting my vote and wont ever get my vote. I am not going to vote for a liberal who wants to raise my taxes and pile on more regulation either.

    How about piling on some more freedom?

  25. These are reasons why god made rifles.
    Notice also that they did not go up the Mississippi with this edict. Yet look at all the traffic on that river. What about Hawaii? All of it I guess. DC?
    Hide your laptops. Hide your wallets. Put your assets into gold and bury it. Go inland, Head for the mountains. Bring the rifle. Dont leave the dogs behind. Write your Congressman.

  26. I wonder what fallback position or program(s) the admin is planning to institute if this horrendous piece of crap gets effectively blocked? You know how it is with the Feds, once they have established a prime facie lie that there is a serious problem which threatens the safety of Americans they ride that wave of fear for all it’s worth.

  27. HumpinDog 1, February 10, 2013 at 6:08 pm

    Where is that LA cop when we need him?

    ***************************************

    Huh-uh. Don’t go there! Not even. Just don’t go down that path at all.

  28. Is a trigger for this require that the person to be searched must have crossed into the united states contemporaneous to the search? (not that it matters to me just curious)

    This is a sham. Somehow the feds are looking at electronic files different than paper ones. 100 miles zone. What a joke.

  29. Darren,

    No. Basically they just need to want to from my reading of it. I read one account of a checkpoint in SoCal that wasn’t even on the border, but I didn’t include it in the column. People just being stopped while they were out grocery shopping.

  30. Gene:

    Now that’s draconian. I would have at least thought there was some sort of traditional customs type of search involved (for contraband / illegal weapons / agricultural pests / illegal aliens / undeclared dutiable items / endangered animal products / pathogens / import restricted items ) you know, the type of thing we came to understand. Now it’s a person’s private information that has nothing to do with the above in parenthesis.

    Sadly, most Americans are going to be indifferent to this all because most of the upcoming generations put everything possible on facebook and social media caring nothing about their privacy. Too many others can be bought with Bread and Circuses.

    I wonder if I can get the Irish consulate in SF to employ me and grant me an ambassadorship. Then I can claim diplomatic immunity from their warrantless searches. Just joking. I think.

  31. Bron, Raff, I don’t know what kind of market liberals like, but progressives like a Fair Market. I pay extra for Fair Market products.

  32. Dredd, Thanks for the video, I sorted two weeks worth of laundry for my trip to the laundromat tomorrow while I listened. I just earned an extra cup of coffee in the morning.
    I think I would last about 3 minutes if I tried to do that. The driver was very careful to NOT say things. I noticed he never stated he was a citizen of the USA, …Would that have given the cops the right to make him prove it? The driver simply claimed he lived here. I think the driver avoided about ten traps of word usage that I would have fallen face first into. I wonder if there is a primer on U-tube of what to avoid saying?
    I though, if I was clean, legal, and proper in all respects would most likely just pull over let them do their circus act and move on.

    That last sentence does give me pause,… In this country I should not have to get in a hassle with LEO to drive legally and safely down the road.
    The driver did say he has the right to be secure in his person and property and did not give up his right to a search without a warrant or stated legal cause. As I say I would have lasted about three minutes.

    PS. I’m sure the drivers camera made most of the difference. Without its presence, combined with the knowledgeable responses, I will bet you dollars to donuts the driver would have been a guest of Arcaipo (or brethren) for the evening. Which probably would have been my fate.

  33. True story. This is from Chuck Yeager’s biography. Shortly after WW-II the (then) young ace was traveling with his family and crossed the California border. There was one of those agricultural checkpoints at the border, and the agent gave Yeager and his family a hard time. IIRC, they confiscated some flowers and seeds Mrs. Yeager was going to use to plant a garden.

    Wrong guy to mess with. When Yeager got to his new duty station, he commandeered a B-26 medium bomber. This was one of the fastest bombers used in the war. It had two huge engines which were attached to unusually small wings. It was so fast that several of them shot down German fighter planes in dogfights. At any rate, Yeager and his buddies (henchmen?) loaded the bomb bay as full of ripe watermelons as they could pack in. He put the plane right down on the deck at full throttle. As they passed over the agriculture checkpoint hut, the bombardier opened the bomb bay doors. I understand watermelons still grow all around that area. I would have paid good money to see two or three tons of watermelons hit the ground at three hundred miles an hour.

    For some reason, the checkpoint cop did not get a tail number. It’s a mystery. Maybe he needed new glasses.

  34. Otteray

    That story of Chuck Yeager. Magnificent.

    Incidently, I just received that book you recommended. Inside the Criminal Mind will let you know

  35. And what’s this? “Obama weighing executive actions on housing, gays and other issues” . . . and further usurping the power of Congress and destroying the Separation of Powers Doctrine.

    http://www.washingtonpost.com/politics/obama-weighing-executive-actions-on-housing-gays-and-other-issues/2013/02/10/e966cc06-7065-11e2-8b8d-e0b59a1b8e2a_story.html

    Might as well send Congress and the courts home. The Prez has it covered. He’ll just make up all the laws and decide who lives or dies from now on.

  36. Gene, he needs to ask the burning question, WWLBJD?
    “What Would Lyndon Baines Johnson Do?”

    LBJ would have Box Turtle McConnell and John of Orange’s arms twisted so far they could be used as trebuchet springs. LBJ had enough nasty surprises for those who opposed him, he got what he wanted almost every time. For one thing, he could make sure no Federal money at all would percolate down to congressional districts of people who ticked him off.

  37. The DHS is targeting political activists, American citizens, when they come back to the U.S. It’s one thing to search for drugs at the border or explosives. But searching the electronics of U.S. citizens? They are citizens, there shouldnt’ be any searches of electronics without reasonable suspicion. American citizens can’t be denied the right to return to their nation. They shouldn’t have to show their writings, pictures of blog posts to the government.

  38. I will not snark, I will not snark, even tho some suggest turning to your Congressman. Futile.

    I am glad to see that several are asking for “What do we do”.

    Remember the fight for black rights? Well, we need folks who will fight to retain their rights, you know—-the ones that folks at the mall don’t know about and regard as subversive. They are of course the RWA’s if you remember what that is. I will post the link later.
    Meanwhile see if you can get the students to go out with a table and signs asking: “do you know that we have a constitution and that you have rights under it? ” etc.

    Meanwhile talk up activism. It is the only thing they fear. And do it now, soon we won’t be allowed any rights to assemble, petition, speak. Etc. Then quiet will reign. And thought will cease. We will exist on bread and water. A la Coelho’s “Alchemist”.

    Serfdom? Worse.

  39. does an international airport also qualify as a “border” in this analysis? *everybody* probably lives within 100 miles of one of them…

  40. Kucinich letter assassinations
    http://kucinich.house.gov/uploadedfiles/ltr._to_holder_targeted_assassinations_02-04-2010.pdf

    case involving tracking devices on Amerikan citizens cars and Mr. Muellers comments on the FBI putting tracking devices on Supreme Court judges cars….and on the FBI assassination program of Amerikan citizens…???
    http://dissenter.firedoglake.com/2012/03/07/fbi-chiefs-problem-with-needing-warrants-for-gps-tracking/

  41. woody,

    If you have more than two links, the comment automatically goes into moderation. It will also do so if your post contains the words b*tch, b@stard, f*ck or assh*ole. No one is erasing your comments. Also, occasionally WP either wrongly puts a comment into spam or simply eats a comment because of software bugs.

    I know this has been explained to you before.

  42. Gene…thanks but i have no 4 letter words in the post but have refererenced over 10 links relating to illegal activity by our Orwellian agencies which are very important citing the work of EFF, CCR, ACLU, CREW, National Security Archive, and others…so i will keep trying to post…the Thomas Drake whistleblower case is another important case that people should be aware of… … http://www.whistleblower.org/action-center/save-tom-drake

  43. Its amazing how much people squeal about the lose of constitutional rights,but when it comes to the 2nd amendment they make all kinds of reasons we need to infringe on it. Dont you know without the 2nd the rest are gone. Its not about hunting or sport shooting. Its about shooting jack booted thugs in defence of life liberty and propertty. When the rest of your rights are gone , thank Feistein and Boxer and yourself if you dont stand up and say “No more!”

  44. […] And the Homeland (In)Security folks and the cops armed with the Patriot Act are sure they need the ability to harass the holy crap out of every ordinary citizen, cause sure, don’t you know….there might be terrorists in your garden shed, under the shrubberies, and worse? On your computer! This is why the fear-flogging feds insist upon their right, without a warrant or warning, to seize a… […]

  45. Oh for pity’s sake? Someone is actually going to insist that the 2nd Amendment is protection of the rest? Seriously? There are plenty of guns out there right NOW and I don’t see them protecting a damned thing against Homeland Security crap, or TSA man-handlings. Anyone opening fire on federal agents is going to be dead and very rapidly…and it isn’t going to protect ANYone.

  46. Are corporations “people” in this regard, as well? Can DHS search some of those Wall Street computers to see if they contain any information that is dangerous to the US? [wry, bitter, and sort of sarcastic]

  47. Good point about international airports. Guess that plus the rest, covers about 90 percent of the pop. So is it creeping totatlitarianism (or whatever you call it), or is it an avalanche?

  48. The FBI and various factions of the US government have a long history
    of violating Amerikan citizens rights…Torture of Amerikans citizens, mind control experimentation, warrantless wiretaps of telephones, use of GPS monitoring through cell phones, secret kill lists of Amerikan citizens and a number of organizations-ACLU, EFF, CREW, National Security Achive, Bill of Rights Defense Committee, CCR are filing suit to expose the methods
    of these Orwellian Fascists….Torture of American Citizens…suit against Bush administrations Rumsfeld…
    … … http://www.theblaze.com/stories/2011/08/08/fed-court-clears-another-torture-lawsuit-against-donald-rumsfeld

  49. Without our second amendment rights, what is to keep them from putting us in railcars and shipping us out to where ever they decide we need to be?? Without it there can never be a push back.

  50. Good idea, you decide? Will it happen? Not if big brother decides.

    Remember the long video clip of the person being beseiged by border patrol (?) agents at a traffic stop?

    And do you remember Cadillac offering automatic on-line via satellite reporting of any car ills, stops ,etc. What the details and goodies offered escaped me, but it is years ago now and time for a successor in the price range of working Americans.

    It is time for Toyota to offer a Liberty model which includes cellphone recording of video, but also simultaneos sending to a cloud address which only you can access.

    A few kinks and possible additions necessary.

    Like a body embedded cell which will signal when you are subjected to extreme duress, etc. A LEO detector against plainclothed ones.

    Once started the marketing will take care of itself, and new Toyota features and independent apps with come rapidly.

    It, connected to a PA/COM system, will allow selectable menus for different situations where the cell speaks a fault free spiel, and voice recognition which selects pervect counters to LEO spoken words. Or alternately give you the mike and a script to follow if your personal voice is required.

    I am not a agent for Toyota, but having possibly a copyright hereby, I am asking for preliminary orders. ;-)

  51. Woody,

    You know he’s going to jump on it the moment he gets the list….. You’re safe…. Did you sign it….then probably not….

  52. Gene,

    By far this is the best Collum written. Very seldom does anyone of these threads stick out as much as this one. Thank you.

  53. So let me understand this, if a United States citizen lives, resides or works within 100 miles of a national border like Canada or Mexico; or the Pacific or Atlantic Ocean they are all subject to search and seizure of their electronic, private items, house or vehicle; that these areas are to be considered police state areas where individual rights guaranteed by the supreme law of the land, the U.S. Constitution and Bill of Rights, are no longer guaranteed? Where the hell are the Constitutional Lawyers? What is the Supreme Court for? Weren’t there legal presedences against this form of fascism already decided by the Judicial branch of our government? Must Americans in mass defy these 100 mile police states to send a loud and clear message that such actions against American citizens are treasonous acts?

  54. This is an amazing piece of information, and writing.
    I certainly did not know this. I wonder if there are any reports that example people being treated differently in these zones based on this distinction of 100miles?
    I’ll keep an eye out.

    What I wonder about in all these sorts of posts is just what, after all, is left of our underlying principles? And why is the Supreme Court not actually doing its job? (I know … that is a loaded question, one with v.obvious retorts.)

    On a related note, and in response to OScribe above re laptops and phones, this fellow https://twitter.com/ioerror Jacob Appelbaum, is routinely stopped in his travels. He documents the stories in various forums if you care to follow up.

    It is increasingly hard to escape the conclusion that the enemy that is the subject of our governments concerns is the citizenry. Which then reminds me of Aleksandr Solzhenitsyn who wrote in The Gulag Archipelago that the people most feared, and who got the harshest treatment in the Soviet system were the 58’s – the politicals, not the murderers, rapers and other more standard criminals. Its in the book. Vol2.

  55. I’m glad you liked it Michael. You might also enjoy the Propaganda Series of articles. They are on going. You can find them by searching blog for the term “Propaganda 10″. I’ll also suggest this one, but fair warning, it has a lot of comments so may take a bit to load: What Makes A Good Law, What Makes A Bad Law?

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